DEC   7  1900 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

OK 


Jtt. 

Accession  No.  .........  8.2747.  •  'Class  No. 


Received  ,  190 


NEW    JERSEY 

SCHOOL    LAWS, 

Revision  of  1900, 


WITH 


Notes,  Blanks  and  Forms 


FOR   THE 


USE  AND  GOVERNMENT  OF  SCHOOL  OFFICERS. 


PREPARED   BY  THE 
STATE   SUPERINTENDENT   OF   PUBLIC  INSTRUCTION. 


To  be  Preserved  and  Delivered  by  each  Officer  to  his  Successor. 


TRENTON,  N.  J. : 
THE  JOHN  L.  MURPHY  PUBLISHING  Co.,  PRINTERS. 

1900. 


CONTENTS. 


Page. 

Agricultural  College 110 

Blanks  and  Forms  for  School  Officers 133 

Boards  of  Education  in  School  Districts  Situate  in  Municipalities  Divided  into 

Wards,  Article  VI i 20 

Boards  of  Education  in  School  Districts  Situate  in  Municipalities  not  Divided 

into  Wards,  Article  VII 31 

Boards  of  Examiners,  Article  IV 13 

Childrens'  Guardians,  State  Board  of  115 

Compulsory  Education,  Article  XV .' 57 

Condemnation  of  Land  and  Real  Estate,  Article  XVI 62 

Constitution,  Extracts  from 3 

County  Superintendents,  Article  III 11 

Crimes  Act,  Extracts  from.... 113 

Custodian  of  School  Moneys,  Article  XX 77 

Disorderly  Persons,  Extracts  from  Law 112 

District  Tax,  Article  XIX 75 

Evening  Schools,  Article  XIII 56 

Free  Lectures 109 

Industrial  Schools 102 

Kindergartens  Article  XII , 56 

Manual  Training,  Article  XXV 88 

Manual  Training  and  Industrial  School  for  Colored  Youth,  Article  XXIV 87 

Miscellaneous,  Article  XXX 99 

New  Jersey  School  for  the  Deaf,  Article  XXIII 85 

Pupils,  Article  IX 44 

Rules  and  Regulations  Prescribed  by  the  State  Board  of  Education.. 121 

School  Census,  Article  XXIX. 97 

School  Districts,  Article  V 15 

School  District  Bonds,  Article  XXI 81 

School  Fund,  Article  XVII  66 

School-houses,  Article  X 48 

School  Libraries,  Article  XXVI 89 

State  Board  of  Education,  Article  I.. 5 

State  Normal  School,  Article  XXII 84 

State  School  Tax,  Article  XVIII 69 

State  Superintendent  of  Public  Instruction,  Article  II 7 

Teachers,  Article  VIII 40 

Teachers' Libraries,  Article  XXVII 90 

Teachers'  Retirement  Fund,  Article  XXVIII 90 

Teachers'  Salaries,  Act  Fixing  in  Certain  Cases 104 

Text-Books  and  Supplies,  Article  XIV 57 

Union-Graded  Schools,  Article  XI 50 


82747 


EXTRACTS 

From  the  State  Constitution  Respecting  Public  Schools. 


SECTION  VII. 

6.  The  fund  for  the  support  of  free  schools,  and  all  money,  stock 
and  other  property  which  may  hereafter  be  appropriated  for  that 
purpose,  or  received  into  the  treasury  under  the  provision  of  any  law 
heretofore  passed  to  augment  the  said  fund,  shall  be  securely  invested 
and  remain  a  perpetual  fund  ;  and  the  income  thereof,  except  so  much 
as  it  may  be  judged  expedient  to  apply  to  an  increase  of  the  capital, 
shall  be  annually  appropriated  to  the  support  of  public  free  schools, 
for  the  equal  benefit  of  all  the  people  of  the  state  ;  and  it  shall  not  be 
competent  for  the  legislature  to  borrow,  appropriate  or  use  the  said 
fund,  or  any  part  thereof,  for  any  other  purpose,  under  any  pretence 
whatever  ;  the  legislature  shall  provide  for  the  maintenance  and 
support  of  a  thorough  an£  efficient  system  of  free  public  schools  for 
the  instruction  of  all  the  children  in  this  state  between  the  ages  of 
five  and  eighteen  years. 

11.  The  legislature  shall  not  pass  private,  local  or  special  laws 
providing  for  the  management  and  support  of  free  public  schools. 

(3) 


School  Law. 


An  act  to  establish  a  system  of  public  instruction  (Revi- 
sion of  one  thousand  nine  hundred). 

BE  IT  EXACTED  by  the  Senate  amd  General  Assembly  of  the 
State  of  New  Jersey: 

ARTICLE    I. 

STATE  BOARD   OF  EDUCATION. 

1.  The  general  supervision  and  control  of  public  instruc- 
tion  shall  be  vested  in  a  State  Board  of  Education,  which  how  composed 
board  shall  consist  of  two  members  from  each  congressional 
district,  who  shall  not  be  members  of  the  same  political 
party,  and  who  shall  not  reside  in  the  same  county  except 
where  a  congressional  district  shall  lie  wholly  within  one 
county.  The  several  members  of  the  State  Board  of  Edu- 
cation as  now  constituted  shall  continue  to  serve  for  the 
full  term  for  which  they  have  been  severally  appointed. 
Their  successors  shall  be  appointed  by  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate,  and  for  the 
following  terms  :  In  place  of  the  member  whose  term  shall 
expire  in  the  year  nineteen  hundred,  a  member  shall  be 
appointed  for  the  term  of  five  years  ;  in  place  of  the  mem- 
bers whose  terms  shall  expire  in  the  year  nineteen  hundred 
and  one,  two  members  shall  be  appointed  each  for  the  term 
of  four  years,  and  two  each  for  the  term  of  five  years  ;  in 
place  of  the  member  whose  term  shall  expire  in  the  year 
nineteen  hundred  and  three,  a  member  shall  be  appointed 
for  the  term  of  three  years  ;  in  place  of  the  members  whose 
terms  shall  expire  in  the  year  nineteen  hundred  and  four, 
three  members  shall  be  appointed  each  for  the  term  of  three 
years,  three  each  for  the  term  of  four  years,  and  four  each 
for  the  term  of  five  years,  and  thereafter  in  the  place  of  any 
member  whose  term  shall  expire  a  successor  shall  be  ap- 

(5) 


SCHOOL  LAW. 


Vacancy,  how 
filled. 

Members  from 
new  con- 
gressional 
districts. 


Room  for  use 
of  board  in 
State  House. 

Control  of 
certain  state 
schools. 


Powers  of. 
Make  rules. 


Appoint 
Count  ~ 
intern 


County  Super- 
idents. 


Rules  for 

institutes. 


Authorize  pay- 
ment of 
expenses  of 
State  Super- 
intendent. 


Decide  appeals. 


Rules  for 
teachers' 
certificates. 


Expenses. 


Annual  report, 


pointed  in  like  manner  for  the  term  of  five  years,  so  that 
there  shall  be  always  two  members  from  each  congressional 
district.  In  case  of  a  vacancy  a  successor  for  the  unex- 
pired  term  shall  be  in  like  manner  appointed.  If  at  any 
time  an  additional  congressional  district  shall  be  estab- 
lished, the  first  members  of  the  State  Board  of  Education 
for  such  district  shall  be  appointed  for  such  terms,  not  ex- 
ceeding five  years  each,  that  the  total  number  of  members 
of  said  board  whose  terms  shall  expire  in  any  one  year 
shall  not  exceed  four.  A  suitable  room  in  the  State  House 
at  Trenton  shall  be  provided  for  the  use  of  said  board. 

2.  The  State  Board  of  Education  shall  have  the  control 
and  management  of   the  State  Normal  School,   the  New 
Jersey  School  for  the  Deaf,  and  the  Manual  Training  and 
Industrial  School  for  Colored  Youth. 

3.  The  State  Board  of  Education  shall  have  power  : 

I.  To  frame  and  modify  by-laws  for  its  own  government ; 
to  elect  its  president  and  other  officers,  and  to  prescribe  and 
enforce  rules  and  regulations  necessary  to  carry  into  effect 
the  school  laws  of  this  state  ; 

II.  To  appoint  County  Superintendents  of  Schools,  and 
for  cause  to  remove  them  ; 

III.  To  prescribe  rules  and  regulations  for  holding  teach- 
ers' institutes  ; 

IV.  To  authorize  the  payment  by  the  State  Treasurer, 
upon  the  warrant  of  the  State  Comptroller,  of  the  necessary 
incidental  expenses  incurred  by  the  State  Superintendent 
of   Public  Instruction  and   the  Assistant  State  Superin- 
tendent of  Public  Instruction  in  the  performance  of  their 
official  duties  ; 

V.  To  decide  appeals  from  the  decisions  of   the  State 
Superintendent  of  Public  Instruction  ; 

VI.  To  make  and  enforce  rules  and  regulations  for  the 
examination  of  teachers,  and  the  granting  of  certificates  or 
licenses  to  teach. 

4.  The  members  of  the  State  Board  of  Education  shall 
receive  no  compensation  for  their  services,  but  the  State 
Treasurer  shall,  upon  the  warrant  of  the  State  Comptroller, 
pay  their  necessary  expenses. 

5.  The  State  Board  of  Education  shall  report  annually  to- 
the  Legislature  in  regard  to  all  matters  committed  to  its- 
care. 


SCHOOL  LAW. 
ARTICLE  II. 

STATE   SUPERINTENDENT    OF   PUBLIC    INSTRUCTION. 

6.  The  State  Superintendent  of  Public  Instruction  shall 

be  appointed  by  the  Governor,  by  and  with  the  advice  and  ^ow  appointed, 
consent  of  the  Senate,  for  the  term  of  three  years  and  until  Termof  office- 
his  successor  shall  be  appointed  and  confirmed.     He  shall  £ 
receive  a  salary  of  three  thousand  dollars  a  year,  payable 
in  equal  monthly  installments.     A  suitable  office,  to  be  J^tion  of 
known  as  the  Department  of  Public  Instruction,  shall  be 
provided  for  him  in  the  State  House  at  Trenton. 

7.  The  State  Superintendent  of  Public  Instruction  may  ^|Jfnt 
appoint  an  Assistant  State  Superintendent  of  Public  Instruc-  mtendent. 
tion.     He  shall  file  a  certificate  of  such  appointment  in  the 

office  of  the  Secretary  of  State,  and,  with  the  approval  of 
the  Governor,  fix  his  salary,  which  salary  shall  be  paid  in 
the  same  manner  as  the  salary  of  the  State  Superintendent 
shall  be  paid.  Said  Assistant  Superintendent  shall  perform 
all  the  duties  of  the  State  Superintendent  of  Public  Instruc- 
tion during  his  absence. 

8.  The  State  Superintendent  of  Public  Instruction  may  Employ  clerks, 
employ  such  clerks  as  he  may  deem  necessary,  and,  with 

the  approval  of  the  Governor,  fix  their  compensation,  which 
compensation  shall  be  payable  monthly  on  the  certificate 
of  the  State  Superintendent  of  Public  Instruction  ;  provided,  Proviso. 
that  the  salary  of  the  Assistant  Superintendent  and  the 
compensation  of  said  clerks  shall  not  exceed  in  the  aggre- 
gate the  sum  annually  appropriated  therefor  by  the  Legis- 
lature. 

9.  The  State  Superintendent  of  Public  Instruction  shall  secretary  of 
be  the  Secretary  of  the  State  Board  of  Education,  and  a  Education 
member  of  all  boards  of  examiners.     He  shall  enforce  all  boards  of 
rules  and  regulations  prescribed  by  the  State  Board  of  Edu- 
cation.    He  shall  have  supervision  of  all  the  schools  of  the  supervision 

.    ,.  .    ..  TT      of  schools. 

state  receiving  any  part  of  the  state  appropriation.  He 
shall,  from  time  to  time,  instruct  county  and  district  super- 
intendents as  to  their  duties  and  as  to  the  best  manner  of 
conducting  schools,  constructing  school-houses  and  furnish- 
ing the  same. 


SCHOOL  LAW. 


Decide  disputes 
arising  under 
school  law. 


Keep  record 
of  decisions. 


Official  seal. 


Appoint 
County  Super- 
intendent to 
fill  vacancy. 


Withhold 
salary  of 
County  Super- 
intendent. 


Withhold 
school  money 
from  district. 


10.  The  State  Superintendent  of  Public  Instruction  shall 
decide,  subject  to  appeal  to  the  State  Board  of  Education 
and  without  cost  to  the  parties,  all  controversies  and  dis- 
putes that  shall  arise  under  the  school  laws,  or  under  the 
rules  and  regulations  of  the  State  Board  of  Education.     The 
facts  involved  in  any  controversy  or  dispute  shall,  if  he 
shall  so  require,  be  made  known  to  him  by  written  state- 
ments by  the  parties  thereto,  verified  by  oath  or  affirmation, 
and  accompanied  by  certified  copies  of  all  documents  neces- 
sary to  a  full  understanding  of  the  question  in  dispute,  and 
his  decision  shall  be  binding  until,  upon  appeal,  a  decision 
shall  be  given  by  the  State  Board  of  Education. 

11.  The  State  Superintendent  of  Public  Instruction  shall 
keep  a  record  of  all  his  official  acts  and  shall  preserve  copies 
of  all  decisions  made  by  him,  and  shall  adopt  and  provide 
an  official  seal.     Copies  of  all  acts,  orders  and  decisions 
made  by  him,  and  of  all  papers  deposited  or  filed  in  the 
Department  of  Public  Instruction  may  be  authenticated 
under  said  seal,  and,  when  so  authenticated,  shall  be  evi- 
dence equally  with  and  in  like  manner  as  the  originals. 

12.  Whenever  there  shall  be  a  vacancy  in  the  office  of 
County  Superintendent  of  Schools,  the  State  Superintendent 
of  Public  Instruction  shall  appoint,  subject  to  the  approval 
of  the  President  of  the  State  Board  of  Education,  a  suitable 
person  to  fill  such  vacancy,  and  the  person  so  appointed 
shall  hold  office  until  his  successor  shall  be  appointed  by 
the  State  Board  of  Education. 

13.  In  case  a  County  Superintendent  of  Schools  shall 
neglect  or  refuse  to  perform  any  duty  imposed  upon  him 
by  this  act  or  by  the  rules  and  regulations  of  the  State 
Board  of   Education,  the  State  Superintendent  of  Public 
Instruction  shall,  subject  to  appeal  to  the  State  Board  of 
Education,  withhold  from  such  County  Superintendent  of 
Schools  the  order  for  his  salary  until  he  shall  have  fully 
complied  with  the  provisions  of  this  act  and  with  the  rules 
and  regulations  of  the  State  Board  of  Education  relating  to 
his  duties. 

14.  In  case  a  board  of  education,  or  any  officer  thereof, 
or  the  legal  voters  of  any  school  district,  or  any  board  or 
officer  of  the  municipality  in  which  any  such  school  dis- 
trict shall  be  situate  shall  neglect  or  refuse  to  perform  any 


SCHOOL  LAW.  9 

duty  imposed  upon  such  board,  officer  or  legal  voters  by 
this  act  or  by  the  rules  and  regulations  of  the  State  Board 
of  Education,  the  custodian  of  the  school  moneys  of  such 
school  district  shall,  upon  notice  from  the  County  Superin- 
tendent of  Schools,  approved  by  the  State  Superintendent 
of  Public  Instruction,  withhold  all  moneys  received  by  him  withhold  state 

school  moneys 

from  the  County  Collector  and  then  remaining  in  his  hands  in  certain  cases, 
to  the  credit  of  such  district,  until  he  shall  receive  notice 
from  said  County  Superintendent  of  Schools  that  said  board, 
officer  or  legal  voters  have  fully  complied  with  the  provis- 
ions of  this  act  and  with  the  rules  and  regulations  of  the 
State  Board  of  Education. 

15.  In  case  a  teacher  shall  neglect  or  refuse  to  perform  withhold 

r  salary  from 

any  duty  imposed  upon  him  or  her  by  this  act  or  by  the  teacher, 
rules  and  regulations  of  the  State  Board  of  Education,  the 
State  Superintendent  of  Public  Instruction  shall  direct  the 
custodian  of  the  school  moneys  of  the  school  district  in 
which  such  teacher  shall  be  employed,  to  withhold  from 
such  teacher  all  salary  due  to  him  or  her  until  he  receives 
notice  from  said  State  Superintendent  of  Public  Instruc- 
tion that  such  teacher  has  fully  complied  with  the  pro- 
visions of  this  act  and  the  rules  and  regulations  of  the  State 
Board  of  Education  relating  to  his  or  her  duties. 

16.  Whenever  it  shall  be  proved  to  the  satisfaction  of  the 
State  Superintendent  of  Public  Instruction  that  any  mem- 
ber  of  a  board  of  education,  or  any  officer  thereof  has  been 
guilty  of  a  willful  violation  or  neglect  of  duty  under  this 
act  or  under  the  rules  and  regulations  of  the  State  Board  of 
Education,  said  State  Superintendent  of  Public  Instruction 
may,  by  an  order  under  his  hand  and  seal,  which  order 
shall  be  recorded  in  his  office,  and  a  duplicate  thereof  trans- 
mitted to  said  board  of  education,  suspend  such  member  or 
officer  from  his  office  ;  provided,  that  notice  of  his  proposed  Proviso, 
action  shall  be  served  upon  said  member  or  officer  either 
personally  or  by  letter  directed  to  him  at  his  last  known 
post-office  address,  at  least  two  weeks  prior  to  the  making 

of  said  order ;  provided  further,   that   said  State  Superin-  proviso. 
tend  en  t  of  Public  Instruction  shall  forthwith  report  such 
suspension  to  the  State  Board  of  Education,  and  said  board 
shall,   after  due  investigation,    reinstate   or   remove   such 
member  or  officer. 


10 


SCHOOL  LAW. 


Apportion 
school  moneys. 


Reports  from 
private  schools. 


Proviso. 
Proviso. 


Furnish 
blanks. 


Annual  report 


17.  The  State  Superintendent  of  Public  Instruction  shall 
equitably  apportion   to  the  several  counties   the   amount 
appropriated  for  the  support  of  public  schools  from   the- 
State  School  Fund  on  the  basis  of  the  last  published  school 
census,  and  shall  furnish  to  the  State  Comptroller  and  to- 
the  several  County  Superintendents  of  Schools  and  County 
Collectors  an  abstract  of  such  apportionment,  and  of  the- 
apportionment  of  the  moneys  due  to  the  several  counties 
from  the  state  school  tax  and  from  the  reserve  fund,  and 
shall  draw  his  orders  on  the  State  Comptroller  and  in  favor 
of  the  County  Collector  of  each  county  for  the  amounts  to 
which  such  county  shall  be  entitled. 

18.  The  superintendent  or  manager  of  each  educational 
institution  receiving  support  or  aid  from  the  state,  and  the 
president,  manager,  or  principal  of  each  seminary,  academy 
or  private  school  shall  report  to  the  State  Superintendent  of 
Public  Instruction  annually,  on  or  before  the  first  day  of 
August,  such  statistics  relating  to  such  institution,  seminary, 
academy  or  school  as  said  State  Superintendent  of  Public 
Instruction  may  require,  and  in  the  manner  and  form  pre- 
scribed by  him  ;  provided,  that  no  report  concerning  the 
expenses  or  finances  of  such  institution,  seminary,  academy, 
or  private  school  shall  be  required  ;  and  provided  further,  that 
no  report  of  any  seminary,  academy  or  private  school  shall 
be  published  or  made  public  by  the  State  Superintendent  of 
Public  Instruction. 

19.  The  State  Superintendent  of  Public  Instruction  shall 
prepare  and  cause  to  be  printed  forms  for  making  all  reports- 
and  conducting  all  proceedings  under  the  school  laws  of 
this  state.     He  shall  cause  all  school  laws  to  be  printed  in 
pamphlet  form,  and  shall  annex  thereto  forms  for  making 
reports  and  conducting  school  business,  and  shall  distribute 
the  same. 

20.  The  State  Superintendent  of  Public  Instruction  shall 
present  to  the  State  Board  of   Education  annually  at  its- 
meeting  in  December,  a  report  of  the  condition  of  the  public 
schools  and  of  all  the   educational   institutions   receiving 
support  or  aid  from  the  state.     Such  report  shall  contain 
full  statistical  tables  of  all  items  connected  with  the  cause 
of  education  that  may  be  of  interest  to  school  officers  or  the 
people  of  the  state,   together  with  such   suggestions   and 


SCHOOL  LAW.  11 

recommendations  for  the  improvement  of  the  schools  and 
the  advancement  of  public  instruction  as  he  shall  deem 
expedient. 

21.  The  State  Superintendent  of  Public  Instruction  and  Take  affidavits 
the  Assistant  State  Superintendent  shall,  without  charge, 
administer  oaths  and  take  affidavits  concerning  any  matter 

relating  to  the  schools. 

22.  The  State  Superintendent  of  Public  Instruction  shall,   Deliver 

7    property  to 

at  the  expiration  of  his  term  of  office,  deliver  to  his  successor  successor, 
his  official  seal,  together  with  all  the  property,  books,  docu- 
ments, maps,  records,  reports  and  other  papers  belonging  to 
his  office. 

23.  The  State  Superintendent  of  Public  Instruction  now  Term, 
in  office  shall  hold  office  for  the  full  term  for  which  he  has 
been  appointed. 

ARTICLE   III. 

COUNTY   SUPERINTENDENTS. 

24.  The  State  Board  of  Education  shall  appoint  for  each 
county  a  suitable  person  to  be  the  County  Superintendent 

of  Schools  of  that  county,  who  shall  hold  office  for  the  term  Term  of  office, 

of  three  years  from  the  date  of  his  appointment  and  until 

his  successor  shall  have  been  appointed  as  aforesaid,  unless 

sooner  removed  for  cause  by  said  board.     No  person  shall 

be  appointed  as  County  Superintendent  of  Schools  unless  |||*JJ  hold 

he  shall  hold  a  state  teachers'  certificate.  certificate. 

25.  The  yearly  salary  of  a  County  Superintendent  of  Salary- 
Schools  shall  be  a  sum  which  shall  be  equal  to  seven  dol- 
lars for  each  teacher  employed  in  the  public  schools  in  his 
county  as  ascertained  from  the  last  published  report  of  the 
State  Superintendent  of  Public  Instruction ;  but  such  salary 
shall  in  no  case  be  less  than  one  thousand  dollars  nor  more 

than  thirteen  hundred  dollars.  Such  salary  shall  be  paid  HOW  paid, 
in  equal  monthly  installments  out  of  the  income  of  the 
State  School  Fund,  and  the  State  Comptroller  shall,  on  the 
order  of  the  State  Superintendent  of  Public  Instruction, 
draw  his  warrant  for  such  salary  on  the  Treasurer  of  the 
State  School  Fund  in  favor  of  such  County  Superintendent 
of  Schools. 


12 


SCHOOL  LAW. 


Expenses. 


Proviso. 


Proviso. 


Powers  of 
County  Super- 
intendents. 

Take  affidavits. 


Issue  orders 
for  school 
moneys. 


Supervise 
schools. 


26.  A  County  Superintendent  of  Schools  shall  receive,  in 
addition  to  his  salary,  the  actual  expenses  incurred  by  him 
in  the  performance  of  his  official  duties,  which  expenses 
shall  be  paid  by  the  collector  of  the  county  on  the  order  of 
the  State  Superintendent  of  Public  Instruction;  provided, 
that  no  such  order  shall  be  drawn  in  favor  of  any  County 
Superintendent  of  Schools  until  he  shall  have  furnished  to 
the  State  Board  of  Education  an  itemized  statement,  cer- 
tified under  oath  or  affirmation,  of  the  expenses  he  has 
incurred,  and  unless  he  shall  have,  during  the  period  in 
which  such  expenses  have  been  incurred,  faithfully  per- 
formed all  the  duties  imposed  upon  him  by  this  act  and  by 
the  rules  and  regulations  of  the  State  Board  of  Education ; 
and  provided  further,  that  in  no  case  shall  the  expenses  afore- 
said exceed  three  hundred  and  fifty  dollars  annually.     Pay- 
ment of  such  expenses  shall  be  made  quarter-yearly. 

27.  A   County    Superintendent  of    Schools   shall    have 
power  : 

I.  To  administer,  without  charge,  oaths  or  affirmations 
.to  teachers  and  school  officers  ; 

II.  To  issue  orders  on  the  County  Collector  in  favor  of 
the  custodian  of  the  school  moneys  of  the  several  school 
districts  in  said  county  for  that  portion  of  the  state  school 
tax,  the  state  appropriation,  and  the  interest  of  the  surplus 
revenue  to  which  each  of  said   school  districts   shall  be 
entitled  ; 

III.  To  exercise  general   supervision   over  the  public 
schools  of  the  county  under  his  charge  in  accordance  with 
the  rules  and  regulations  prescribed  from  time  to  time  by 
the  State  Board  of  Education  ;  to  visit  and  examine  all  the 
schools  under  his  care ;  to  inquire  into  the  management, 
methods  of  instruction  and  discipline  in  such  schools  ;  to 
note  the  condition  of  the  school-houses,  sites,  buildings  and 
appurtenances  ;  to  examine  the  courses  of  study,  text-books 
and  school  libraries  ;  to  advise  with  and  counsel  boards  of 
education  in  relation  to  their  duties,  particularly  in  respect 
to  the  construction,   heating,   ventilating  and   lighting  of 
school-houses,  and  to  recommend  to  boards  of  education 
and  teachers  proper  studies,  methods,  discipline  and  man- 
agement for  the  schools  ; 


SCHOOL  LAW.  13 

IV.  To  appoint  members  of  the  board  of  education  for  a  Appoint 

.    .  , .    .  ,     ,  .  ,        members  of 

new  district  situate  in  a  municipality  not  divided  into  wards,   board  of  edu- 
and  for  any  district  situate  in  such  a  municipality  which  certain  cases, 
shall  fail  to  elect  such  members  at  the  regular  time.     Such 
appointees  shall  serve  only  until  the  next  regular  election  in 
the  district  for  members  of  the  board  of  education. 

28.  Each  County  Superintendent  of  Schools  shall  render   Annual  report 
annually,  on  or  before  the  first  of  September,  to  the  State 
Superintendent  of  Public  Instruction,  in  the  manner  and 

form  prescribed  by  him,  a  report  of  such  matters  relating 
to  the  schools  under  his  supervision  as  shall  be  required  by 
said  State  Superintendent  of  Public  Instruction. 

29.  The  superintendents,  district  clerks  and  the  custo- 
dians  of  school  moneys  of  the  several  school  districts  shall 
annually,  on  or  before  the  first  day  of  August,  report  to  the 
County  Superintendent  of  Schools  in  the  manner  and  form 
prescribed  by  the  State  Superintendent  of  Public  Instruc- 
tion. 

30.  Whenever  a  superintendent  of  schools  shall  be  ap- 
pointed  in  any  school  district  situate  in  a  municipality 
divided  into  wards,  the  supervision  of  the  schools  of  such 
district  shall  devolve  upon  the  superintendent  of  schools  inten(fent. 
thereof  and  not  upon  the  County  Superintendent  of  Schools 

of  the  county  in  which  such  school  district  shall  be  situate. 

31.  The  County  Superintendents  of  Schools  now  in  office  Term  of 

present  super- 

shall  serve  for  the  full  term  for  which  they  have  been  intendents. 
severally  appointed,  unless  sooner  removed  for  cause  by 
the  State  Board  of  Education. 


ARTICLE  IV. 

BOARDS   OF   EXAMINERS. 

32.  There  shall  be  a  State  Board  of  Examiners,  consist-  8tftte  Board  of 

Examiners, 

ing  of  the  State  Superintendent  of  Public  Instruction,  the  kowcon- 
Principal  of  the  State  Normal  School  and  one  person  to  be 
appointed  by  the  State  Board  of  Education.  Said  last- 
named  person  shall  hold  office  for  one  year  from  date  of 
his  appointment  as  aforesaid.  The  member  of  said  State 
Board  of  Examiners  appointed  by  the  State  Board  of  Edu- 
cation shall  hold  a  first-grade  state  certificate,  or  shall  be 


14 


SCHOOL  LAW. 


Compensation. 


Validit'y  of 
certificates. 


County  Board 
of  Examiners. 


Meetings. 
Compensation. 


Proviso. 


Boards  of 
Examiners  in 
municipalities 
dividedinto 
wards. 


a  graduate  of  a  college  or  university.  He  shall  receive  for 
his  services,  in  addition  to  traveling  expenses,  such  com- 
pensation as  may  be  fixed  by  the  State  Board  of  Educa- 
tion, not  to  exceed  ten  dollars  for  each  meeting  of  said 
Board  of  Examiners.  Said  board  shall  hold  examinations 
of  teachers,  grant  State  certificates  and  revoke  the  same 
under  rules  and  regulations  prescribed  by  the  State  Board 
of  Education.  A  certificate  thus  granted  shall  entitle  the 
holder,  without  further  examination,  to  teach  in  any  part 
of  the  state  so  long  as  said  certificate  shall  remain  valid  by 
the  terms  thereof. 

33.  There  may  be  in  each  county  a  County  Board  of 
Examiners   consisting   of    the   County   Superintendent   of 
Schools,  who  shall  be  its  chairman,  and  a  number  of  teachers 
not  to  exceed  three  to  be  appointed  by  him,  who  shall  hold 
office  for  one  year  from  the  date  of  their  respective  appoint- 
ments.   No  person  shall  be  appointed  as  a  county  examiner 
unless  he  or  she  shall  hold  either  a  state  or  a  first-grade 
county  certificate.     The  County  Superintendent  of  Schools 
shall  fill  vacanies  that  shall  occur  from  absence  or  other 
cause.      Said  County  Board  of   Examiners   shall  conduct 
examinations  and  grant  certificates  of  different  grades  at 
such  times  and  under  such  rules  and   regulations  as  the 
State  Board  of  Education  may  prescribe.     It  shall  meet  at 
such  places  as  may  be  designated  by  the  chairman.     Each 
member  of  said  Board  of  Examiners,  except  the  County 
Superintendent  of  Schools,  shall  receive  for  his  or  her  ser- 
vices, in  addition  to  traveling  expenses,  such  compensation 
as  may  be  fixed  by  the  State  Board  of  Education  not  to 
exceed   ten   dollars  for   each  'regular  examination,  which 
compensation  shall  be  paid  by  the  County  Collector  on  the 
order  of  the  County  Superintendent  of  Schools  ;  provided, 
that  whenever  said  board  shall  hold  a  special  examination 
no  compensation  therefor  shall  be  paid  by  the  County  Col- 
lector, but  in  such  case  said  board  may  charge  each  appli- 
cant for  examination  a  fee  not  to  exceed  two  dollars. 

34.  In  each   school   district   situate  in  a   municipality 
divided  into  wards  there  may  be  a  Board  of  Examiners 
consisting  of  the  Superintendent  of  Schools  of  such  dis- 
trict, if  there  be  one,  and  such  persons  as  the  board  of 
education  of  the  school  district  shall  appoint.     No  person 


SCHOOL  LAW.  15 

shall  be  appointed  as  such  an  examiner  unless  he  or  she 
shall  hold  either  a  state  certificate  or  the  highest  grade  cer- 
tificate issued  in  said  district,  or  shall  be  a  graduate  of  a 
college  or  university.  Said  Board  of  Examiners  shall, 
under  such  rules  and  regulations  as  the  State  Board  of 
Education  shall  prescribe,  grant  certificates  which  shall  be 
valid  for  all  schools  of  such  school  district.  No  teacher 
shall  be  employed  in  any  of  the  schools  of  such  district 
unless  he  or  she  shall  possess  such  certificate  or  a  state  or 
county  certificate  ;  provided,  that  nothing  herein  contained  Proviso, 
shall  be  construed  to  prevent  the  Board  of  Education  of 
such  school  district  from  prescribing  and  requiring  other 
and  further  qualifications  to  teach  than  shall  have  been 
prescribed  by  the  rules  and  regulations  of  the  State  Board 
of  Education  as  aforesaid  ;  provided  further,  that  if  any  such  Proviso, 
school  district  shall  maintain  a  Normal  School  or  a  training 
school  for  teachers,  which  school  shall  have  been  approved 
as  to  its  course  of  study  by  the  State  Board  of  Education, 
then  the  diplomas  or  certificates  issued  to  pupils  of  any 
such  school  upon  graduation  therefrom  may  be  accepted  by 
the  board  of  education  of  said  school  district  as  certificates 
to  teach  valid  for  the  schools  of  such  school  district. 

35.  All  certificates  to  teach  heretofore  issued  and  now  in  certificates 
force  in  this,  state  shall  be  valid  according  to  their  terms 

and  for  the  periods  for  which  they  have  been  severally 
granted. 

ARTICLE  V. 

SCHOOL    DISTRICTS. 

36.  Each  township,  city  and  incorporated  town  shall  be  school  districts, 
a   separate    school    district,    but    each   borough   hereafter  tuted. 
created  shall  remain  and  be  a  part  of  the  township  school 

district  in  which  said  borough  shall  be  situate  ;  provided,   Proviso, 
that  whenever  it  shall  appear  to  the  State  Superintendent 
of  Public  Instruction  that  the  best  interests  of  any  borough 
or  township  require  that  it  be  a  separate  school  district,  he 
shall  make  an  order  creating  such  borough  or  township  a 
separate  school  district.     Such  order  shall  not  take  effect 
until  approved  by  the  State  Board  of  Education  ;  provided  Proviso. 
further,  that  nothing  in  this  section  shall  be  construed  as 


16 


SCHOOL  LAW. 


New  district. 


Balance, 
how  divided, 


Consolidation 
ot  school 
districts. 


abolishing  any  school  district  or  changing  the  boundaries 
of  any  school  district  legally  constituted  at  the  time  of  the 
passage  of  this  act,  but  such  district  shall  remain  and  be  a 
separate  school  district  until  consolidated  with  an  adjoining 
school  district  as  hereinafter  provided. 

37.  Whenever  a  new  school  district  shall  be  created  the 
children  residing  in  said  new  district  shall  continue  to  at- 
tend the  schools  in  which  they  shall  be  enrolled  until  the 
end  of  the  then  current  school  year.     In  case  there  shall  be 
a  school-house  in  such  new  district  in  which  school  shall 
be  then  maintained  the  board  of  education  of  the  school 
district  from  which  such  new  district  shall  have  been  set  off 
shall  have  charge  and  control  of  such  school  until  the  end 
of  the  then  current  school  year,  and  shall  pay  the  salaries 
of  the  teachers,  janitors  and  other  persons   employed   in 
such  school  until  the  end  of  said  year.     In  case  there  shall 
be  any  balance  at  the  end  of  said  school  year  in  the  hands 
of  the  custodian  of  the  school  moneys  of  the  school  dis- 
trict to  the  credit  of  the  school  district  from  which  said  new 
district  shall  have  been  set  off,  said  custodian  shall  certify 
to  the  County  Superintendent  of   Schools  the  amount  of 
such  balance,  and  what  portion  of  such  balance  was  re- 
ceived from  state  appropriation,  state  school  tax  and  inter- 
est of  the  surplus  revenue,  and  what  portion  was  received 
from  district  school  tax.     Said  County  Superintendent  of 
Schools,  upon  receipt  of  such  notice,  shall  divide  between 
said  districts  that  portion  of  the  balance  arising  from  the 
state  appropriation,  state  school  tax  and  interest  of   the 
surplus  revenue  on  the  basis  of  the  aggregate  number  of 
days  attendance  of  pupils  in  the  public  schools  as  ascer- 
tained from  the  last  published  report  of  the  State  Superin- 
tendent of   Public  Instruction,  and  shall  divide  between 
said  districts  that  portion  of  said  balance  arising  from  dis- 
trict school  tax  on  the  basis  of  the  respective  ratables  of 
said  districts,  and  shall  issue  an  order  in  favor  of  the  cus- 
todian of  the  school  moneys  of  such  new  district  for  that 
portion  of  said  balance  found  to  be  due  said  district  from 
the  district  from  which  it  shall  have  been  set  off. 

38.  Whenever  a  school  district  situate  in  a  municipality 
not  divided  into  wards,  shall  desire  to  consolidate  with  an 
adjoining    school   district   situate    in   a   municipality   not 


SCHOOL  LAW.  17 

divided  into  wards  and  within  the  same  county,  the  board 
of  education  of  said  district  shall  petition  the  County 
Superintendent  of  Schools  of  the  county  in  which  said  dis- 
tricts shall  be  situate,  to  appoint  a  time  when  meetings  of 
the  legal  voters  of  the  districts  proposed  to  be  consolidated 
shall  be  held,  and  said  County  Superintendent  of  Schools 
shall,  upon  receiving  said  petition,  appoint  a  day  for  said 
meetings,  and  shall  notify  the  board  of  education  of  each  of 
said  districts  of  his  action.  Each  board  of  education  receiv-  Public 
ing  such  notification  shall  cause  its  district  clerk  to  post 
notices  calling  a  special  meeting  of  the  legal  voters  of  the 
district  for  the  purpose  of  voting  on  the  question  of  the 
consolidation  of  said  districts.  Said  meeting  shall  be  called 
in  the  same  manner  as  other  special  meetings,  and  shall  be 
held  on  the  day  designated  therefor  by  the  County  Superin- 
tendent of  Schools,  at  such  hour  and  place  as  may  be 
determined  by  the  board  of  education.  The  election  shall  Election, 
be  by  ballot,  and  the  chairman  shall  appoint  two'  tellers 
who  shall  receive  and  count  the  ballots  in  the  presence  of 
the  chairman  of  the  meeting.  The  secretary  of  the  meeting 
shall  keep  a  poll  list  and  shall  record  therein  the  name  of 
each  person  voting  at  such  meeting,  and  shall  also  keep  a 
tally  sheet  of  the  votes  as  counted  by  the  tellers.  The  tally 
sheet  shall  be  signed  by  the  chairman  and  tellers,  and  said 
tally  sheet,  poll  list  and  ballots  shall  be  placed  in  a  sealed 
package  by  the  secretary,  indorsed  with  the  name  of  the 
district,  the  name  of  the  county  in  which  said  district  shall 
be  situate,  and  the  date  on  which  said  election  shall  have 
been  held,  and  said  package,  together  with  a  statement  of 
the  result  of  said  election,  signed  by  the  chairman  and 
secretary,  shall  be  within  five  days  after  the  date  of  said 
election  forwarded  by  said  secretary  to  the  County  Super- 
intendent of  Schools,  and  the  same  shall  be  preserved 
by  him  for  one  year.  If  the  County  Superintendent  of 
Schools  shall  ascertain  from  said  statements  that  the  num- 
ber of  votes  cast  in  each  of  said  districts  in  favor  of  consoli- 
dation exceeds  the  number  of  votes  cast  against  the  same, 
he  shall  immediately  notify  each  of  the  boards  of  education 
of  the  result  of  said  election,  and  thereafter  said  districts 
shall  constitute  but  one  district. 


18 


SCHOOL  LAW. 


Board  of 
education  of 
consolidated 

district. 


Proviso. 


Proviso. 


Board  of 
education  a 
body  corporate. 


Title  to  school 
property  in 
consolidated 
districts. 


39.  The  board  of  education  of  each  district  consolidated 
in  the  manner  provided  in  the  preceding  section  shall,  upon 
receipt  of  the  notice  from  the  County  Superintendent  of 
Schools  of   such  consolidation,  select  by  lot  four  of  its 
number  to  serve  as  members  of  the  board  of  education  of 
the  consolidated  district,  and  the  eight  members  so  selected 
shall  select  the  ninth  member  of  said  board  from  among 
the  remaining  members  of  the  board  of  education  of  that 
district  which  shall  employ  the  greater  number  of  teachers  ; 
provided,  that  if  the  board  of  education  of  one  of  the  dis- 
tricts so  consolidated  shall  consist  of  but  three  members, 
all  of  said  members  shall  be  members  of  the  board  of  educa- 
tion of  the  consolidated  district,  and  four  members  of  said 
board  shall  be  chosen  as  hereinabove  provided  from  the 
board  of  education  of  the  other  district  so  consolidated  ; 
and  provided  further,  that  if  each  of  said  boards  of  education 
shall  consist  of  three  members  only,  said  boards  shall  con- 
stitute the  board  of  education  of  the  consolidated  district, 
and  the  board  constituted  as  hereinbefore  provided   shall 
serve  until   the  next  annual  meeting  for  the  election  of 
members  of  boards  of  education,  and  the  terms-of  office  of 
the  remaining  members  of  the  board  of  education  of  each 
of  said  districts  so  consolidated  shall  thereupon  cease  and 
determine.     At  said  annual  meeting  a  board  of  education 
shall  be  elected  as  provided  for  the  election  of  members  of 
boards  of  education  in  new  districts. 

40.  The  board  of  education  of  such  consolidated  district 
shall  be  a  body  corporate  and  shall  have  all  the  powers  and 
duties  and  be  subject  to  the  same  restrictions  as  a  board  of 
education  in  a  district  situate  in  a  municipality  not  divided 
into  wards,  and  shall  be  called  and  known  as  "the  board 

of  education  of  the of (here  insert  the 

name  of  the  municipality  in  which  was  situate  that  district 
consolidated  as  aforesaid  which  had  the  larger  amount  of 
taxable  property  as  ascertained  from  the  last  published  re- 
port of  the  State  Comptroller),  in  the  county  of ." 

41.  In  case  any  township,   city,   incorporated   town  or 
borough  shall  hereafter  become  a  separate  school  district, 
or  in  case  two  school  districts  shall  consolidate  as  herein- 
before provided  and  form  one  school  district,  the  board  of 
education  of  such  district,  in  its  corporate  capacity,  shall 


SCHOOL  LAW.  19 

become  vested  with  the  title  to  all  school  property  real  and 
personal  in  such  district,  and  if,  for  the  erection,  repair  or 
purchase  of  any  such  property,  there  shall  be  an  indebted- 
ness for  which  the  board  of  education  of  the  school  district 
to  which  said  property  originally  belonged  shall  be  liable, 
the  said  indebtedness  shall  be  assumed  by,  and  become  the 
obligation  of  the  board  of  education  of  the  school  district 
which  shall  have  become  vested  with  the  title  to  such  prop- 
erty, and  upon  payment  of  said  indebtedness  by  the  school 
district  originally  liable  therefor,  an  action  may  be  main- 
tained therefor  by  the  board  of  education  so  paying  the 
said  indebtedness  against  the  board  of  education  of  the 
school  district  which  shall  have  become  vested  with  the 
property  for  which  the  said  indebtedness  was  originally 
incurred. 

42.  In  case  any  borough,  township  or  other  municipality  Assumption  of 
or  any  part  thereof  shall  have  been  annexed  to  another 
municipality  and  there  shall  be  within  the  limits  of  such 
borough,   township   or  other  municipality,   or  such   part 

thereof  as  shall  have  been  annexed  to  another  municipality 
as  aforesaid,  any  school-house  or  property  formerly  belong- 
ing to  the  board  of  education  of  such  borough,  township  or 
other  municipality,  and  for  the  erection,  purchase,  fur- 
nishing or  repair  of  which  there  shall  be  an  indebtedness 
for  which  the  board  of  education  of  such  borough,  town- 
ehip  or  other  municipality  shall  be  liable,  the  said  indebt- 
edness shall  be  assumed  by  and  become  the  obligation  of 
the  board  of  education  of  the  municipality  to  which  such 
borough,  township  or  other  municipality  shall  have  been 
annexed. 

43.  Whenever  the  board  of  education  of  any  township,   Repayment  of 

i  ,1  •    •      T,        i     11  *  indebtedness. 

borough  or  other  municipality  shall  pay  any  portion  of  an 
indebtedness  existing  at  the  time  of  the  formation  of  a  new 
township,  borough  or  other  municipality,  or  at  the  time  of 
the  annexation  of  such  township,  borough  or  other  munici- 
pality or  part  thereof  to  another  municipality  as  aforesaid, 
-which  indebtedness  shall  have  been  assumed  by  and  shall 
have  become  the  obligation  of  the  board  of  education  of 
such  new  township,  borough  or  other  municipality,  said 
last-mentioned  board  shall  repay  to  the  board  of  education 


20 


SCHOOL  LAW. 


Length  of 
school  term. 


Proviso. 


Proviso. 


of  said  first-mentioned  township,  borough  or  other  munici- 
pality the  amount  of  said  payment,  with  interest. 

44.  The  state  appropriation  and  the  state  school  tax  shall 
not  be  apportioned  in  any  year  to  any  district  which  shall 
not  have  maintained  a  public  school  for  at  least  nine  months 
during  the  preceding  school  year ;  provided,  that  the  State 
Superintendent  of  Public  Instruction  may,  for  good  cause 
shown,  remit  said  penalty ;  and  provided  further,  that  said 
appropriation  and  said  state  school  tax  shall  be  apportioned 
to  a  new  district,  or  to  a  district  in  which  the  school  shall 
have  been  discontinued  on  account  of  the  repairing  of  an 
old,  or  the  erection  of  a  new  school  building. 


ARTICLE   VI. 


Board  of 
education 
appointed  by 
tie  mayor. 


Referendum. 


Term. 


Vacancies, 
how  filled. 


BOARDS    OF   EDUCATION   IN   SCHOOL    DISTRICTS   SITUATE   IN 
MUNICIPALITIES    DIVIDED   INTO   WARDS. 

45.  In  each  city,  incorporated  town,  borough,  township 
or  other  municipality  which  now  is  or  which  shall  hereafter 
be  divided  into  wards,  the  mayor  or  other  chief  executive 
officer  of  such  municipality  shall,  after  the  first  day  of  May 
and  before  the  thirtieth  day  of  June  next  after  the  accept- 
ance of  the  provisions  of  this  section,  as  provided  in  the 
next  succeeding  section  for  the  creation  of  an  elective  board, 
appoint  ten  persons  to  be  members  of  the  board  of  educa- 
tion of  the  school  district  in  said  municipality,  who  shall 
severally  possess  the  qualifications  for  said  membership 
prescribed  in  this  article.  Two  of  such  persons  shall  be 
appointed  to  serve  for  one  year,  two  for  two  years,  two  for 
three  years,  two  for  four  years  and  two  for  five  years,  and 
annually  thereafter  after  the  first  day  of  May  and  before  the 
thirtieth  day  of  June,  the  said  mayor  or  other  chief  executive 
officer  of  such  municipality  shall  appoint  two  members  of 
said  board  of  education  to  serve  for  the  term  of  five  years, 
to  take  the  place  of  those  members  whose  terms  shall  expire 
in  such  year.  Any  vacancy  in  such  board  of  education  shall 
be  forthwith  reported  by  the  secretary  of  said  board  to  the 
mayor  or  other  chief  executive  officer,  who  shall  appoint  a 
person  to  fill  such  vacancy  for  the  unexpired  term.  To 
every  such  appointee  as  aforesaid  said  mayor  or  other  chief 


SCHOOL  LAW.  21 

executive  officer  shall  issue  and  deliver  a  certificate  of  his 
appointment.  The  term  of  office  of  a  member  of  the  board 
of  education  shall  begin  on  the  first  day  of  July  next  suc- 
ceeding his  appointment. 

46.  Any  city,  incorporated  town,  borough,  township  or  education 
other  municipality  which  now  is  or  which  shall  be  hereafter  elected- 
divided  into  wards  may  in  substitution  for  the  method  pro- 
vided for  the  creation  of  a  board  of  education  in  section 
forty-five  of  this  article  provide  for  the  creation  of  an  elec- 
tive board  of  education  to  consist  of  ten  members  who  shall 
possess  the  qualifications  provided  in  this  article,  and  shall 
be  chosen  for  the  respective  terms  set  forth  in  section  forty- 
five,  in  the  following  manner  :  The  acceptance  of  the  pro-  Referendum, 
visions  of  this  section  shall  be  submitted  to  the  vote  of  the 
qualified  voters  of  such  municipality  at  a  general  or  muni- 
cipal election  to  be  held  therein  ;  provided,  that  such  sub- 
mission  shall  be  had  and  such  vote  shall  be  taken  whenever 
the  common  council,  board  of  aldermen,  or  other  legislative 
body  of  the  municipality,  or  the  board  of  education  of  any 
school  district  situate  in  such  municipality  shall  have,  by 
resolution,  determined  that  such  question  shall  be  so  sub- 
mitted, or  whenever  at  least  five  per  centum  of  the  legal 
voters  of  such  municipality  as  shown  by  the  election  returns 
at  the  last  election  in  such  municipality  shall  by  their  peti- 
tion, duly  signed  and  delivered  to  the  clerk  of  the  said 
municipality,  have  requested  that  such  question  shall  be  so 
submitted.  At  least  ten  days'  notice  that  such  vote  will  be 
taken  shall  be  given  by  public  advertisement  in  two  news- 
papers printed  and  circulating  in  such  municipality,  or  by 
written  or  printed  notices  posted  in  ten  or  more  conspicuous 
places  in  such  municipality.  If  a  majority  of  the  votes 
cast  at  such  election  for  the  acceptance  or  rejection  of  the 
question  so  submitted  as  aforesaid  shall  be  in  favor  of  the 
acceptance  of  the  provisions  of  this  section,  then  such  pro- 
visions shall  immediately  go  into  effect  in  sueh  munici- 
pality, and  the  board  of  education  of  the  school  district 
situate  in  such  municipality  shall  thereafter  be  created  as 
provided  in  this  section.  At  such  election,  the  voters,  shall 
deposit  ballots  in  the  polling  places  in  the  several  election 
districts  therein  ;  those  who  shall  be  in  favor  of  the  accept- 
ance of  the  provisions  of  this  section  shall  each  deposit  a 


22 


SCHOOL  LAW. 


Proviso. 


Qualifications 
of  members. 


Oath. 


Removal  for 
non-attend- 
ance at  meet- 
ings. 


ballot  containing  written  or  printed  thereon  "For  the 
creation  of  a  board  of  education  by  election  by  the  people ' r 
and  those  who  shall  be  opposed  to  the  acceptance  of  the 
provisions  of  this  section  shall  each  deposit  a  ballot  contain- 
ing written  or  printed  thereon  "Against  the  creation  of  a 
board  of  education  by  election  by  the  people.  There  shall 
be  a  canvass  by  the  election  officers  holding  such  election  of 
the  votes  upon  the  question  so  submitted  in  the  same  form 
and  manner  as  for  officers  voted  for  at  such  election,  and  if 
a  majority  of  the  ballots  cast  thereat  for  and  against  such 
question  so  submitted  shall  be  found  to  be  in  favor  of  the 
acceptance  of  the  provisions  of  this  section,  then  this  section 
and  the  provisions  thereof  shall  become  binding  upon  such 
municipality  and  upon  the  school  district  situate  therein  -r 
provided  further,  that  the  question  of  accepting  the  provis- 
ions of  this  section  shall  not  be  submitted  to  the  vote  of  the 
legal  voters  of  any  municipality  as  aforesaid  more  often 
than  once  in  five  years. 

47.  A  member  of  a  board  of  education  created  under  the 
provisions  of  this  article  shall  be  at  least  twenty-five  years- 
of  age,  a  citizen  and  resident  of  the  municipality  in  which 
the  school  district  shall  be  situate,  and  shall  have  been  such 
citizen  and  resident  for  at  least  three  years  immediately 
preceding  his  or  her  becoming  a  member  of  such  board. 
He  shall  not  be  interested  directly  or  indirectly  in  any  con- 
tract with  nor  claim  against  said  board. 

48.  A  member  of  such  board  of  education  shall,  before 
entering  upon  the  duties  of  his  office,  take  oath  in  writing 
before  a  justice  of  the  peace,  a  judge  of  a  municipal  court 
in  the  municipality  in  which  the  school  district  shall  be 
situate,  the  clerk  of  such  municipality,  a  master  in  chan- 
cery or  a  notary  public  that  he  possesses  the  qualifications 
to  be  a  member  of  said  board  prescribed  therefor  by  this 
article,  and  that  he  will  faithfully  discharge  the  duties  of 
his  said  office.     Said  oath  shall  be  filed  with  the  secretary 
of  said  board. 

49.  A  member  of  such  board  of  education  who  shall  fail 
to  attend  three  consecutive  regular  meetings  of  said  board 
without  good  cause,  may  be  removed  by  said  board  ;  the 
vacancy  thus  created  shall  be  filled  in  the  same  manner  as 
other  vacancies  in  the  board  of  education  shall  be  filled. 


SCHOOL  LAW.  23 

50.  A  member  of  such  board  of  education  shall  receive  NO  compensa- 

..         .       ,  .  .  tion. 

no  compensation  for  his  services. 

51.  A  board  of  education  created  under  the  provisions  of  Board  of 
this  article  shall  be  a  body  corporate,  and  shall  be  known  incorporated, 
as  and  called    "the  board  of  education  of "    (in 

which  title  shall  be  inserted  the  name  of  the  municipality 
in  which  the  school  district  shall  be  situate),  and  shall 
adopt  an  official  seal. 

52.  Such  board  shall,  within  ten  days  after  the  first  selec-  J/^J^?11 
tion  of  its  members,  organize  by  electing  one  of  its  members  education, 
as  president  and  another  as  vice  president,  and  thereafter, 

in  each  year,  at  the  first  regular  meeting  of  said  board  after 
the  selection  of  new  members  thereto,  it  shall  elect  one  of 
its  members  as  president  and  another  as  vice  president, 
which  officers  shall  serve  for  one  year  thereafter  and  until 
their  respective  successors  shall  be  elected. 

53.  Said  board  shall,  in  and  by  its  corporate  name,  sue  May  sue,  &c. 
and  be  sued,  purchase,  lease,  receive,  hold  and  sell  property 

real  and  personal,  and  shall  do  all  acts  and  things  neces- 
sary for  the  lawful  and  proper  conduct  and  maintenance  of 
the  public  schools  of  its  school  district. 

54.  It  shall  succeed  to  and  be  vested  with  all  the  property  vested  rights. 
of  every  kind,  and  all  the  rights  and  privileges,  not  incon- 
sistent with  the  provisions  of  this  act,  theretofore  vested  in 

or  possessed  by  any  board  of  education,  school  commis- 
sioners, or  other  body  theretofore  having  charge  and  control 
of  the  public  schools  or  public  school  property  of  the  school 
district  or  of  the  municipality  in  which  said  district  shall 
be  situate. 

55.  The  title  to  school  property,  real  and  personal,  pre-  Title  to  school 

,  .       i    i  •  i         i ,iT   ,    .    ,  property  vested 

viously  acquired  by  said  school  district,  or  by  any  ante-  m  board  of 

j      i  u         i     £      i         A-  •     •  1  education. 

cedent  board  of  education,  school  commissioners,  or  by  any 
other  body  for  school  purposes  in  said  school  district,  or  in 
the  municipality  in  which  the  said  district  shall  be  situate, 
and  the  title  to  all  lands,  buildings  and  other  property  to 
be  hereafter  acquired  for  school  purposes  in  said  school  dis- 
trict shall  vest  in  the  board  of  education  in  said  district 
created  under  the  provisions  of  this  article. 

56.  Every  such  board  shall  have  the  supervision,  control  Management 
and  management  of  the  public  schools  and  public  school 
property  in  its  district.     It  shall  appoint  a  person  to  be  its 


24 


SCHOOL  LAW. 


Appoint  super- 
intendent, &c. 


Make  rules  and 
regulations. 


Proposals  for 
supplies. 


Proviso. 


Specifications 
and  contracts  • 


Annual  report. 


Secretary, 
salary,  oath. 


secretary,  and  may  appoint  a  superintendent  of  schools,  a 
business  manager  and  other  officers,  agents  and  employes 
as  may  be  needed,  and  may  fix  their  compensation  and 
terms  of  employment,  but  no  such  appointee,  officer,  agent 
or  employe,  other  than  the  secretary,  shall  be  a  member  of 
said  board. 

57.  Said  board  shall  make,  amend  and  repeal  rules,  regu- 
lations and  by-laws  not  inconsistent  with  this  act  or  with 
the  rules  and  regulations  of  the  State  Board  of  Education, 
for  its  own  government,  for  the  transaction  of  business,  and 
for  the  government  and  management  of  the  public  schools 
and  the  public  school  property  in  said  district,  and  also  for 
the  employment  and  discharge  of  principals  and  teachers. 

58.  Such  board  of  education  shall,  prior  to  the  beginning 
of  each  school  year,  cause  advertisement  to  be  made  under 
such  regulations  as  it  may  provide,  for  proposals  for  fur- 
nishing supplies  required  in  the  schools  and  by  said  board 
during  the  ensuing  year.     If  other  and  further  supplies 
shall  be  required  during  the  year,  they  shall  be  purchased 
in  like  manner.     No  contract  shall  be  entered  into  for  the 
building  of  a  new  school-house,  or  for  the  enlarging  or  re- 
pairing of  a  school-house  already  erected,  except  after  adver- 
tisement made  under  such  regulations  as  said  board  may 
prescribe ;  provided,  that  the  board  may  at  any  time  order 
repairs  to  school  buildings  to  an  amount  not  exceeding  one 
hundred  dollars,  and  may  authorize  the  purchase  of  sup- 
plies to  an  amount  not  exceeding  fifty  dollars  without  adver- 
tisement. 

59.  No  bid  for  building  or  repairing  school-houses  or  for 
supplies  shall  be  accepted,  which  does  not  conform  to  the 
specifications  furnished  therefor,  and  all  contracts  shall  be 
awarded  to  the  lowest  responsible  bidder. 

60.  Such  board  of  education  shall,  as  soon  as  practicable 
after  the  close  of  each  school  year,  cause  to  be  printed  and 
published  a  report  of  the  condition  of  the  public  schools 
under  its  charge,  of  all  the  property  under  its  control,  and 
an  itemized  account  of  the  expenditures  of  the  board  and 
of  the  finances  of  the  district. 

61.  A  secretary  shall  be  appointed  by  the  majority  vote 
of  all  the  members  of  the  board  of  education  ;  he  shall  be 
paid  such  salary  as  said  board  shall  determine,  and  may 


SCHOOL  LAW.  25 

be  removed  by  a  majority  vote  of  all  the  members  of  said 
board.  He  shall,  before  entering  upon  the  duties  of  his 
office,  execute  and  deliver  to  said  board  a  bond  in  a  sum 
to  be  fixed  by  said  board,  but  not  less  than  two  thousand 
dollars,  with  surety  or  sureties  to  be  approved  by  said 
board,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office.  Said  board  may  accept  the  bond  or 
undertaking  of  a  trust  company  or  surety  or  indemnity 
company,  and  may  pay  the  annual  premium  or  fee  therefor 
as  a  current  expense  of  said  board. 

62.  The  secretary  may  appoint  and  remove  clerks  in  his  Powers  of 
office,  but  the  number  and  salaries  of  such  clerks  shall  be 
determined  by  the  board  of  education. 

63.  He  shall  record  the  proceedings  of  the  board  and  of  Duties  of 
its  committees,  and  shall  be  the  custodian  of  all  securities, 
documents,  title  papers,  books  of  record  and  other  papers 
belonging  to  the  board  under  such  conditions  as  said  board 

shall  direct. 

64.  He  shall  collect  tuition  fees  and  other  moneys  due  to  collect  moneys, 
the  board  of  education,  except  moneys  apportioned  by  the 

County  Superintendent  of  Schools  or  appropriated  by  the 
municipality,  and  shall  deposit  daily  with  the  custodian  of 
of  the  school  moneys  of  the  district  all  moneys  collected  by 
him,  and  shall  render  monthly  to  the  board  of  education  a  Report 

monthly. 

report  of  the  receipts  during  the  preceding  month. 

65.  The  secretary  shall  be  the  general  accountant  of  the  ^en^ntant  of 
board  of  education  and  shall  preserve  in  his  office  all  ac-  b°ard  of 

education. 

counts,  vouchers  and  contracts  relating  to  the  public 
schools.  He  shall  examine  and  audit  all  accounts  and 
demands  against  said  board.  Such  accounts  and  demands 
exceeding  in  amount  the  sum  of  five  dollars,  except  for 
salaries,  shall  be  verified  by  affidavit. 

66.  No  claim  or  demand  shall  be  audited  or  paid  unless  claims,  how 

pftid 

it  shall  be  authorized  by  law  and  the  rules  of  the  board  of 
education  and  be  fully  itemized,  nor  unless  the  amount 
required  to  pay  the  same  shall  have  been  theretofore  ap- 
propriated by  said  board. 

67.  All  disbursements  of  the  board  of  education  shall  be  Disbursements, 
by  warrant  drawn  on  the  custodian  of  the  school  moneys  of 

the  district,  signed  by  the  president  of  said  board  and  coun- 
tersigned by  the  secretary. 


24 


SCHOOL  LAW. 


Appoint  super- 
intendent, <&c. 


Make  rules  and 
regulations. 


Proposals  for 
supplies. 


Proviso. 


Specifications 
and  contracts  • 


Annual  report. 


Secretary, 
salary,  oath. 


secretary,  and  may  appoint  a  superintendent  of  schools,  a 
business  manager  and  other  officers,  agents  and  employes 
as  may  be  needed,  and  may  fix  their  compensation  and 
terms  of  employment,  but  no  such  appointee,  officer,  agent 
or  employe,  other  than  the  secretary,  shall  be  a  member  of 
said  board. 

57.  Said  board  shall  make,  amend  and  repeal  rules,  regu- 
lations and  by-laws  not  inconsistent  with  this  act  or  with 
the  rules  and  regulations  of  the  State  Board  of  Education, 
for  its  own  government,  for  the  transaction  of  business,  and 
for  the  government  and  management  of  the  public  schools 
and  the  public  school  property  in  said  district,  and  also  for 
the  employment  and  discharge  of  principals  and  teachers. 

58.  Such  board  of  education  shall,  prior  to  the  beginning 
of  each  school  year,  cause  advertisement  to  be  made  under 
such  regulations  as  it  may  provide,  for  proposals  for  fur- 
nishing supplies  required  in  the  schools  and  by  said  board 
during  the  ensuing  year.     If  other  and  further  supplies 
shall  be  required  during  the  year,  they  shall  be  purchased 
in  like  manner.     No  contract  shall  be  entered  into  for  the 
building  of  a  new  school-house,  or  for  the  enlarging  or  re- 
pairing of  a  school-house  already  erected,  except  after  adver- 
tisement made  under  such  regulations  as  said  board  may 
prescribe ;  provided,  that  the  board  may  at  any  time  order 
repairs  to  school  buildings  to  an  amount  not  exceeding  one 
hundred  dollars,  and  may  authorize  the  purchase  of  sup- 
plies to  an  amount  not  exceeding  fifty  dollars  without  adver- 
tisem'ent. 

59.  No  bid  for  building  or  repairing  school-houses  or  for 
supplies  shall  be  accepted,  which  does  not  conform  to  the 
specifications  furnished  therefor,  and  all  contracts  shall  be 
awarded  to  the  lowest  responsible  bidder. 

60.  Such  board  of  education  shall,  as  soon  as  practicable 
after  the  close  of  each  school  year,  cause  to  be  printed  and 
published  a  report  of  the  condition  of  the  public  schools 
under  its  charge,  of  all  the  property  under  its  control,  and 
an  itemized  account  of  the  expenditures  of  the  board  and 
of  the  finances  of  the  district. 

61.  A  secretary  shall  be  appointed  by  the  majority  vote 
of  all  the  members  of  the  board  of  education  ;  he  shall  be 
paid  such  salary  as  said  board  shall  determine,  and  may 


SCHOOL  LAW.  25 

be  removed  by  a  majority  vote  of  all  the  members  of  said 
board.  He  shall,  before  entering  upon  the  duties  of  his 
office,  execute  and  deliver  to  said  board  a  bond  in  a  sum 
to  be  fixed  by  said  board,  but  not  less  than  two  thousand 
dollars,  with  surety  or  sureties  to  be  approved  by  said 
board,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office.  Said  board  may  accept  the  bond  or 
undertaking  of  a  trust  company  or  surety  or  indemnity 
company,  and  may  pay  the  annual  premium  or  fee  therefor 
as  a  current  expense  of  said  board. 

62.  The  secretary  may  appoint  and  remove  clerks  in  his 
office,  but  the  number  and  salaries  of  such  clerks  shall  be 
determined  by  the  board  of  education. 

63.  He  shall  record  the  proceedings  of  the  board  and  of  Duties  of 

secretary. 

its  committees,  and  shall  be  the  custodian  of  all  securities, 
documents,  title  papers,  books  of  record  and  other  papers 
belonging  to  the  board  under  such  conditions  as  said  board 
shall  direct. 

64.  He  shall  collect  tuition  fees  and  other  moneys  due  to  collect  moneys, 
the  board  of  education,  except  moneys  apportioned  by  the 

County  Superintendent  of  Schools  or  appropriated  by  the 
municipality,  and  shall  deposit  daily  with  the  custodian  of 
of  the  school  moneys  of  the  district  all  moneys  collected  by 
him,  and  shall  render  monthly  to  the  board  of  education  a  Report 

J  monthly. 

report  of  the  receipts  during  the  preceding  month. 

65.  The  secretary  shall  be  the  general  accountant  of  the 
board  of  education  and  shall  preserve  in  his  office  all  ac-  b(>ard  of 

education. 

counts,  vouchers  and  contracts  relating  to  the  public 
schools.  He  shall  examine  and  audit  all  accounts  and 
demands  against  said  board.  Such  accounts  and  demands 
exceeding  in  amount  the  sum  of  five  dollars,  except  for 
salaries,  shall  be  verified  by  affidavit. 

66.  No  claim  or  demand  shall  be  audited  or  paid  unless  c^ms> now 
it  shall  be  authorized  by  law  and  the  rules  of  the  board  of 
education  and  be  fully  itemized,  nor  unless  the  amount 
required  to  pay  the  same  shall  have  been  theretofore  ap- 
propriated by  said  board. 

67.  All  disbursements  of  the  board  of  education  shall  be  Disbursements, 
by  warrant  drawn  on  the  custodian  of  the  school  moneys  of 

the  district,  signed  by  the  president  of  said  board  and  coun- 
tersigned by  the  secretary. 


28  SCHOOL  LAW. 

Proviso.  the  work  ;  provided,  that  repairs  not  exceeding  the  sum  of 

one  hundred  dollars  may  be  ordered  by  the  business  man- 
ager, if  there  be  one,  and  if  there  be  none  then  by  the  com- 
mittee of  the  board  having  charge  of  the  repair  of  school 
property,  without  the  previous  order  of  the  board  and 
without  advertisement.  The  business  manager,  if  there  be 
one,  shall  superintend  all  advertisements  for  bids  and  the 
letting  of  all  contracts.  He  shall  inspect  all  work  done  and 
materials  or  supplies  furnished  under  contract,  and  shall, 
subject  to  the  approval  of  the  board  of  education,  condemn 
any  work  and  reject  any  material  or  supplies  which,  in  his 
judgment,  do  not  conform  to  the  specifications  contained  in 
the  contract  therefor,  and  shall  perform  such  other  duties 
as  may  be  required  by  the  board  of  education. 

Board  of  school       78.  In  every  school  district  organized  under  the  provi- 

•estimate,  how 

•constituted.  sions  of  this  article,  two  members  of  the  board  of  education 
to  be  selected  by  said  board,  the  mayor  or  other  chief 
executive  officer  of  the  municipality  in  which  such  school 
district  shall  be  situate,  and  two  members  of  the  common 
council,  board  of  finance  or  other  body  in  the  municipality 
in  which  such  school  district  shall  be  situate  having  the 
power  to  make  appropriations  of  moneys  raised  by  taxes  in 
such  municipality,  to  be  chosen  by  such  body,  shall  con- 
stitute a  board  to  be  known  as  the  ' '  Board  of  School  Esti- 

eecretarvof       mate"  of  said  school  district.     The  secretary  of  the  board 

board  of  school 

estimate.  of  education  shall  be  the  secretary  of  the  board  of  school 

estimate,  but  shall  receive  no  compensation  as  such. 

Sahed  be  board       ^'  ^n  or  ^efore  tne  fifteenth  day  of  April  in  each  year, 

of  education,  the  board  of  education  of  such  school  district  shall  prepare 
and  deliver  to  each  member  of  said  ' '  Board  of  School  Esti- 
mate ' '  an  itemized  statement  of  the  amount  of  money  esti- 
mated to  be  necessary  for  the  current  expenses  of  and  for 
repairing  and  furnishing  the  public  schools  of  such  district 
for  the  ensuing  school  year,  and  also  the  amount  which 
shall  have  been  apportioned  to  such  district  by  the  county 
superintendent. 

Appropria-  80.  Between  the  fifteenth  day  of  April  and  the  first  day 

of  May  in  each  year  said  * '  Board  of  School  Estimate ' '  shall 
fix  and  determine  the  amount  of  money  necessary  to  be  ap- 
propriated for  the  use  of  the  public  schools  in  such  district 
for  the  ensuing  school  year,  exclusive  of  the  amount  which 


SCHOOL  LAW.  29 

shall  have  been  apportioned  to  it  by  the  County  Superin- 
tendent of  Schools.  Said  "Board  of  School  Estimate" 
shall,  on  or  before  the  last-named  date,  make  two  certifi- 
cates of  said  amount,  signed  by  at  least  three  of  the  mem- 
bers of  said  board,  one  of  which  certificates  shall  be  deliv- 
ered to  the  board  of  education  of  said  school  district,  and 
the  other  to  the  common  council,  board  of  finance,  or  other 
body  in  the  municipality  in  which  said  school  district  shall 
be  situate  having  the  power  to  make  appropriations  of 
moneys  raised  by  taxes  in  such  municipality.  Said  com-  Appropria- 
mon  council,  board  of  finance  or  other  body  shall,  upon 
receipt  of  said  notice,  appropriate  in  the  same  manner  as 
other  appropriations  are  made  by  it  the  amount  so  certified 
as  aforesaid,  and  said  amount  shall  be  assessed,  levied  and 
collected  in  the  same  manner  as  moneys  appropriated  for 
other  purposes  in  such  municipality  shall  be  assessed,  levied 
and  collected  ;  provided,  that  any  amount  in  excess  of  three-  Proviso* 
fourths  of  one  per  centum  of  the  taxable  valuation  of  the 
real  and  personal  property  shall  be  appropriated  only  with 
the  concurrence  and  consent  of  said  common  council,  board 
of  finance  or  other  body,  expressed  by  its  resolution  duly 
passed  ;  and  provided  further,  that  if  the  charter  of  the  Proviso, 
municipality  in  which  said  school  district  shall  be  situate, 
shall  limit  the  amount  of  tax  or  the  rate  of  taxation  in  such 
municipality,  so  that  the  provisions  of  this  section  cannot 
be  carried  out,  or  shall  otherwise  by  its  terms  prevent  the 
carrying  out  of  the  provisions  of  this  section,  the  same  shall 
be  hereafter  held  not  to  apply  to  the  raising  of  money  under 
the  provisions  of  this  section. 

81.  Whenever  a  board  of  education  organized  under  the  Method  of 
provisions  of  this  article  shall  decide  that  it  is  necessary  to  money"topn8 
raise  money  for  the  purchase  of  lands  for  school  purposes,  or 
for  erecting,  enlarging,  repairing  or  furnishing  a  school-house 
or  school-houses,  it  shall  prepare  and  deliver  to  each  mem- 
ber of  the  "  Board  of  School  Estimate  "  of  such  school  dis- 
trict a  statement  of  the  amount  of  money  estimated  to  be 
necessary  for  such  purpose  or  purposes.  Said  "Board  of 
School  Estimate"  shall  fix  and  determine  the  amount 
necessary  for  such  purpose  or  purposes,  and  shall  make 
two  certificates  of  such  amount,  one  of  which  certificates 
shall  be  delivered  to  the  board  of  education,  and  the  other 


SCHOOL  LAW. 


Issue  school 
bonds. 


to  the  common  council,  board  of  finance  or  other  body  in 
the  municipality  in  which  such  school  district  shall  be 
situate  having  the  power  to  make  appropriations  of  money 
raised  by  tax  in  such  municipality.  Said  common  council, 
board  of  finance  or  other  body  may,  by  resolution  duly 
passed,  appropriate  such  sum  or  sums  for  such  purpose  or 
purposes  in  the  same  manner  as  other  appropriations  are  made 
by  it,  and  said  sum  or  sums  shall  be  raised,  assessed,  levied 
and  collected  at  the  same  time  and  in  the  same  manner  as 
moneys  appropriated  for  other  purposes  in  such  munici- 
pality are  raised,  assessed,  levied  and  collected,  or  said 
common  council,  board  of  finance  or  other  body  may,  by 
resolution  duly  passed,  appropriate  and  borrow  such  sum 
or  sums  for  the  purpose  or  purposes  aforesaid,  and  may 
secure  the  repayment  of  the  sum  or  sums  so  borrowed, 
together  with  interest  thereon  at  a  rate  not  to  exceed  five 
per  centum  per  annum,  by  the  issue  of  bonds  in  the  cor- 
porate name  of  such  municipality.  Bonds  so  issued  shall 
be  designated  *  *  school  bonds  ; ' '  shall  be  of  such  denomi- 
nation as  said  common  council,  board  of  finance  or  other 
body  may  determine,  and  shall  be  made  payable  in  not 
more  than  thirty  years  from  the  date  thereof.  Such  bonds 
may  be  registered  or  coupon  bonds,  or  may  be  registered 
and  coupon  bonds  combined  at  the  option  of  such  common 
council,  board  of  finance  or  other  body.  The  proceeds  of 
the  sale  of  such  bonds  shall  be  deposited  with  the  custodian 
of  the  funds  of  such  school  district,  and  shall  be  paid  out 
only  on  the  warrants  or  orders  of  the  board  of  education  ; 
provided,  that  the  total  amount  of  bonds  for  the  purposes 
named  in  this  section,  including  bonds  theretofore  issued 
for  such  purposes  shall  not  exceed  at  any  one  time  a  sum 
equal  to  three  per  centum  of  the  taxable  valuation  of  the 
real  and  personal  property  in  such  municipality  ;  provided 
further,  that  if  the  charter  of  the  municipality  in  which  such 
school  district  shall  be  situate  shall  limit  the  amount  of 
indebtedness  in  such  municipality,  or  shall  by  its  terms 
prevent  the  carrying  out  of  the  provisions  of  this  section, 
the  same  shall  be  hereafter  held  not  to  apply  to  the  issuing 
of  bonds  under  the  provisions  of  this  section. 

Powers  of  82-  An7  such  board  shall  have  all  the  powers  granted  to 

board  of  educa-  boards  of  education  under  other  articles  of  this  act,  except 


Proviso. 


Proviso. 


SCHOOL  LAW.  31 

as  they  are  limited  by  or  are  inconsistent  with  the;pro- 
visions  of  this  article. 

83.  In  any  school  district  situate  in  a  municipality  which  present ion 
is  now  or  which  shall  hereafter  be  divided  into  wards,  the  J?°f£jfofedu' 
administration  and  conduct  of  the  public  schools  and  the 
management  and  care  of  the  public  school  property  therein, 

shall  remain  in  and  shall  be  exercised  by  any  board  of 
education  or  other  body  theretofore  having  control  of  the 
public  schools  therein,  until  the  organization  of  a  board  of 
education  in  such  school  district  under  the  provisions  of 
this  article,  with  the  powers  conferred  by  this  act.  Upon 
the  organization  of  a  board  of  education  in  said  district  as 
provided  in  this  article,  any  board  of  education,  school 
commissioners  or  other  body  theretofore  having  charge  of 
the  public  schools  in  such  school  district  or  in  such  munici- 
pality and  having  no  other  function  shall  be  abolished. 

84.  The  superintendents  of  schools,  secretaries  of  boards 

of  education,  janitors  and  other  employes  of  the  several  terms- 
boards  of  education  of  school  districts  situate  in  munici- 
palities divided  into  wards  as  said  boards  shall  be  consti- 
tuted at  the  time  of  the  passage  of  this  act,  shall  continue 
to  serve  for  the  full  term  for  which  they  were  severally 
appointed  or  elected,  as  though  they  had  been  appointed 
under  the  provisions  of  this  article. 

ARTICLE  VII. 

BOARDS   OF   EDUCATION    IN    DISTRICTS   SITUATE    IN    MUNICI- 
PALITIES  NOT   DIVIDED    INTO   WARDS. 

85.  In  each  township,  city,  incorporated  town  and  bor-  cogitation  of 
ough  not  divided  into  wards  there  shall  be  a  board  of  edu-  education  in 

municipalities 

cation  consisting  of  nine  members,   except  as  hereinafter 


provided  ;  three  members  of  such  board  shall  be  chosen  at 
each  annual  school  meeting,  and  shall  hold  office  for  the 
term  of  three  years.  In  case  there  shall  be  a  vacancy  in  a 
board  of  education,  such  vacancy  shall  be  filled  at  the  next 
annual  meeting  after  such  vacancy  occurs,  and  the  person 
elected  to  fill  such  vacancy  shall  be  elected  for  the  unex- 
pired  term  only  ;  provided,  that  nothing  in  this  section  shall  Proviso, 
be  construed  so  as  to  require  any  such  school  district  which 


32 


SCHOOL  LAW. 


Number  of 
members  may 
be  reduced. 


Procedure 
when  board 
is  reduced  to 


Procedure 
when  board 
is  reduced  to 
three. 


now  has  a  board  of  education  consisting  of  less  than  nine 
members,  to  increase  the  number  of  members  to  nine. 

86.  If  the  board  of  education  in  any  school  district  acting 
under  the  provisions  of  this  article  shall  deem  it  for  the  best 
interests  of  the  schools  that  the  number  of  members  consti- 
tuting said  board  shall  be  reduced,  the  district  clerk,  when 
directed  by  said  board,  shall  insert  in  the  call  for  the  next 
annual  school  meeting  a  notice  that  it  will  be  determined  at 
said  meeting  whether  the  board  of  education  shall  consist 
of  three,  five  or  nine  members.  If  it  be  determined  at  said 
meeting  to  reduce  the  number  of  members  of  said  board  to 
either  five  or  three,  the  members  of  said  board  then  in  office 
shall  continue  in  office  for  the  terms  for  which  they  were 
severally  elected,  and  their  successors  shall  be  elected  in  the 
manner  following  : 

I.  If  it  shall  be  determined  at  said  meeting  that  the  board 
of  education  shall  consist  of  five  members,  then  no  election 
for  members  of  said  board  shall  be  held  at  said  meeting. 
At  the  next  annual  school  meeting  two  members  of  said 
board  shall  be  elected  for  the  term  of  three  years,  and  at  the 
second  annual  school  meeting  held  after  the  meeting  at 
which  it  was  determined  to  reduce  the  number  of  the  mem- 
bers of  the  board  of  education  to  five,  two  members  of  said 
board  shall  be  elected  for  the  term  of  three  years  and  one 
member  for  the  term  of  one  year,  and  thereafter  there  shall 
be  elected  at  each  annual  school  meeting  a  member  or  mem- 
bers of  said  board,  in  the  place  of  those  whose  terms  shall 
have  expired,  who  shall  hold  office  for  the  term  of  three 
years. 

II.  If  it  shall  be  determined  at  said  meeting  that  the 
board  of  education  shall  consist  of  three  members,  then  no 
election  for  members  of  said  board  shall  be  held  until  the 
expiration  of  the  terms  of  office  of  all  the  members  of  said 
board  then  in  office,  and  at  the  second  annual  school  meet- 
ing held  after  the  meeting  at  which  it  was  determined  to 
reduce  the  number  of  members  of  the  board  to  three,  there 
shall  be  elected  three  members  of  said  board  to  serve  for 
one,  two  and  three  years  respectively,  and  thereafter  one 
member  of  said  board  shall  be  chosen  at  each  annual  school 
meeting  who  shall  hold  office  for  the  term  of  three  years. 


SCHOOL  LAW.  33 

87.  Whenever   in   any   municipality   not    divided   into  Board  of educa- 
wards,  a  new  school  district  shall  be  created,  there  shall  be  district. 
held,  at  the  ensuing  annual  school  meeting,  an  election  for 
members  of  the  board  of  education.     Before  proceeding  to 

ballot  for  such  members  of  the  board  of  education  the  legal 
voters  present  shall  determine  whether  the  board  of  educa- 
tion shall  consist  of  three,  five  or  nine  members.  If  it  shall 
be  determined  that  the  board  shall  consist  of  three  mem- 
bers, then  said  legal  voters  shall  elect  one  member  to  serve 
for  the  term  of  one  year,  one  for  the  term  of  two  years,  and 
one  for  the  term  of  three  years.  If  it  shall  be  determined 
that  the  said  board  shall  consist  of  five  members,  the  said 
legal  voters  shall  elect  one  member  to  serve  for  the  term  of 
one  year,  two  for  the  term  of  two  years,  and  two  for  the 
term  of  three  years.  If  it  shall  be  determined  that  said 
board  shall  consist  of  nine  members,  said  legal  voters  shall 
elect  three  members  to  serve  for  the  term  of  one  year,  three 
for  the  term  of  two  years,  and  three  for  the  term  of  three 
years,  and  annually  thereafter  there  shall  be  elected  a  per- 
son or  persons  for  the  term  of  three  years  in  the  place  of  the 
member  or  members  whose  terms  shall  have  expired. 

88.  An  annual  meeting  for  the  election  of  members  of  Annual ^istTiet 
the  board  of  education  shall  be  held  in  each  school  district 

situate  in  a  township,  city,  incorporated  town  or  borough 
which  is  not  divided  into  wards  on  the  third  Tuesday  in 
March,  at  a  school-house  or  such  other  convenient  public 
place  within  the  district  as  may  be  selected  by  the  board  of 
education.  Not  less  than  seven  notices  of  such  meeting,  Notices, 
specifying  the  day,  time,  object  and  place  thereof,  shall  be 
posted  by  the  district  clerk  at  least  ten  days  before  the  date 
of  such  meeting  ;  one  of  such  notices  shall  be  posted  on  each 
school-house  within  the  district,  and  at  such  other  public 
places  therein  as  the  board  of  education  of  said  district  shall 
direct.  Any  district  clerk  who  shall  fail  to  post  notices  Penalty  for 

...  .  ,  failure  to  pos 

calling  said  annual  meeting  as  required  by  this  section  shall  notices. 
pay  a  fine  of  twenty  dollars,  to  be  recovered  in  a  court  for  the 
trial  of  small  causes  by  any  resident  of  said  school  district. 
No  person  shall  be  eligible  to  the  office  of  member  of  a  board  Qualifications 
of  education  unless  he  or  she  shall  be  above  the  age  of  twen-  of  memberc- 
ty-five  years,  shall  have  been  a  resident  of  the  district  for  at 
least  three  years  immediately  preceding  his  or  her  election, 

8 


34 


SCHOOL  LAW. 


Plurality  vote 
sufficient. 


Who  are  legal 
voters  at  school 
meetings. 


Elections  by 
ballot. 


Method  of 
holding  elec- 
tion. 


Two  ballot- 
boxes  in 
certain  cases. 


and  can  read  and  write.     A  plurality  of  the  votes  cast  shall 
be  sufficient  to  elect  a  member  of  a  board  of  education. 

89.  Every  male  citizen  of  the  United  States  who  shall 
have  the  qualifications  required  for  electors  for  the  most 
numerous  branch  of  the  state  legislature,   shall  have  the 
right  to  vote  at  such  meeting.     Every  female  citizen  of  the 
United  States  of  the  age  of  twenty-one  years  and  possessing 
the  qualifications   respecting  residence  required   of  male 
voters,  shall  have  the  right  to  vote  at  any  annual  or  special 
school  meeting  of  the  legal  voters  of  said  school  district  for 
any  purpose  other  than  the  election  of  members  of  the  board 
of  education. 

90.  All  elections  for  members  of  a  board  of  education  shall 
be  by  ballot.    The  polls  for  such  election  shall  remain  open 
one  hour  and  as  much  longer  as  may  be  necessary  to  enable 
the  legal  voters  present  to  cast  their  ballots.     Said  ballots 
may  be  printed  or  written,  or  partly  printed  and  partly 
written.     In  case  a  member  of  a  board  of  education  is  to  be- 
elected  for  a  full  term,  and  a  member  is  to  be  elected  to  fill 
an  unexpired  term,  the  ballots  shall  designate  which  of  the 
persons  voted  for  is  to  be  elected  for  the  full  term,  and  which 
for  the  unexpired  term.     The  chairman  of  the  meeting  shall 
appoint  two  tellers  who  shall  receive  and  count  the  ballots 
in  his  presence,  and  said  chairman  shall  announce  the  result 
of  such  election.     The  secretary  of  the  meeting  shall  keep  a 
poll-list  and  record  therein  the  name  of  each  person  voting 
at  such  election,  and  shall  also  keep  a  tally-sheet  of  the  votes 
as  counted  by  the  tellers.     The  tally-sheet  shall  be  signed 
by  the  chairman  and  tellers,  and  said  tally-sheet,  poll-list 
and  ballots  shall  be  placed  by  the  secretary  in  a  sealed  pack- 
age, indorsed  with  the  name  of  the  district,  the  name  of  the 
county  in  which  said  district  shall  be  situate  and  the  date 
on  which  said  election  shall  have  been  held,  and  said  pack- 
age, together  with  a  statement  of  the  result  of  said  election 
signed  by  the  chairman  and  secretary,  shall  be  by  said  secre- 
tary deposited  with  the  district  clerk,  and  a  copy  of  said 
statement  shall  be  forwarded  by  said  secretary  to  the  County 
Superintendent  of  Schools  within  five  days  after  the  date  of 
such  election,  and  the  same  shall  be  preserved  for  one  year. 

91.  At  any  annual  meeting  when  the  question  of  raising 
a  tax,  the  issuing  of  bonds,  or  the  establishing  of  a  union 


SCHOOL  LAW.  35 

graded  school  is  to  be  voted  on,  two  ballot-boxes  shall  be 
provided  and  two  tellers  shall  be  appointed  for  each  box. 
One  of  said  boxes  shall  be  used  to  receive  the  ballots  for 
members  of  the  board  of  education,  and  the  other  to  receive 
the  ballots  for  the  other  objects  enumerated  in  this  section. 

92.  The  board  of  education  of  any  school  district  acting  sjjc°o1  Pre' 
under  the  provisions  of  this  article  may  divide  said  school 
district  into  eight  precincts,  which  precincts  shall   be,  as 

nearly  as  may  be,  equal  in  population.  Said  precincts 
shall  be  so  constituted  that  each  shall  contain  at  least  one 
school-house,  unless  said  district  shall  contain  less  than 
eight  school-houses,  and  thereafter  upon  the  expiration  of 
the  term  of  office  of  a  member  of  a  board  of  education,  his 
successor  shall  be  nominated  from  one  of  said  precincts 
which  has  no  representation  in  the  board  of  education,  and 
thereafter  his  successor  shall  be  nominated  from  the  same 
precinct,  in  order  that  each  of  said  precincts  may  be  at  all 
times  represented  in  the  board  of  education.  There  shall 
also  be  one  member-at-large  ;  provided,  that  whenever  any  Proviso 
district  shall  have  a  board  of  education  consisting  of  only 
three  or  five  members,  the  number  of  precincts  shall  be  one 
less  than  the  number  of  members  of  the  board  of  education 
of  said  district,  so  that  there  shall  be  at  all  times  a  member 
of  said  board  of  education  from  each  of  said  precincts,  and 
one  at  large,  and  said  members  shall  be  elected  at  the  same 
time  and  in  the  same  manner  as  hereinabove  provided. 

93.  Each  board  of  education  elected  as  provided  in  this  corporate 

H£LU16* 

article  shall  be  a  body  corporate,  and  shall  be  called  and 
known  as  "the  board  of  education  of  the  township  (city, 
town  or  borough,  as  the  case  may  be)  of  -  ,  in  the 
county  of  -  ." 


94.  Each  board  of  education  created  under  the  provisions 
of  this  article  shall  organize  within  ten  days  after  the  annual  education. 
school  meeting  by  the  election  of  one  of  its  members  as 
president,  and  a  district  clerk,  and  may  fix  the  compensa- 
tion of   said  clerk.     If  said  board  shall  fail  to  organize  Failure  to 
within  ten  days  the  County  Superintendent  of  Schools  shall  c 
appoint  a  president  and  a  district  clerk.     In  case  the  office 
of  president  or  district  clerk  shall  become  vacant  the  board 
of  education  shall,  within  thirty  days  thereafter,  fill  such 
vacancy  for  the  unexpired  term,  and  if  it  shall  fail  to  fill  vacancies 


36 


SCHOOL  LAW. 


Oath  of  office. 


Powers  of 
board  of  educa- 
tion. 

Appoint  to  fill 
vacancy. 


iploy 
,ch 


teachers,  &c. 


Make  rules. 


Purchase,  lease 
and  build 
school-houses. 


Proviso. 


Insure  school 
property. 


Select  text- 
books, &c. 


Suspend  or 
expel  pupils. 
Provide  text- 
books. 


said  vacancy  within  the  said  thirty  days  the  County  Super- 
intendent of  Schools  shall  fill  such  vacancy  for  the  unex- 
pired  term.  A  member  of  such  board  of  education  shall 
before  entering  upon  the  duties  of  his  office,  take  oath  in 
writing  before  a  justice  of  the  peace,  the  clerk  of  the 
municipality  in  which  the  school  district  shall  be  situate,  a 
master  in  chancery  or  a  notary  public  that  he  possesses  the 
qualifications  to  be  a  member  of  said  board  prescribed 
therefor  in  this  article,  and  that  he  will  faithfully  discharge 
the  duties  of  his  said  office.  Said  oath  shall  be  filed  with 
the  district  clerk  of  said  board. 
95.  The  board  of  education  shall  have  power : 

I.  To  appoint  a  person  to  fill  a  vacancy  in  the  board  of 
education,  but  the  person  so  appointed  shall  serve  only 
until  the  next  regular  election  for  members  of  the  board  of 
education  ; 

II.  To  employ  and  dismiss  principals,  teachers,  janitors,, 
mechanics  and  laborers,  and  to  fix,  alter  and  order  paid 
their  salaries  and  compensation  ; 

III.  To  make  and  enforce  rules  and  regulations  not  in 
conflict  with  this  act  nor  with  the  rules  and  regulations  of 
the  State  Board  of  Education  for  the  government  of  schools, 
pupils  and  teachers  ; 

IV.  To  purchase,  sell  and  improve  school  grounds  ;  to- 
erect,    lease,    enlarge,    improve,  repair   or   furnish   school 
buildings  and  to  borrow  money  therefor  with  or  without 
mortgage  ;  provided,  that  for  any  such  act  it  shall  have  the- 
previous  authority  of  a  vote  of  the  legal  voters  of  the  district  \ 

V.  To  insure  school  buildings,  furniture  and  other  school 
property,  and  to  receive,  lease  and  hold  in  trust  for  the  dis- 
trict any  and  all  real  or  personal  property  for  the  benefit  of 
the  schools  thereof ; 

VI.  To  enforce  the  rules  and  regulations  prescribed  by 
the  State  Board  of  Education,  select  the  text-books,  and,  in 
connection  with  the  County  Superintendent  of  Schools,  to 
prescribe  the  course  of  study  to  be  pursued  in  the  school  or 
schools  under  its  charge  ; 

VII.  To  suspend  or  expel  pupils  from  school  ; 

VIII.  To  provide  text-books  and  other  necessary  school 
supplies  ; 


SCHOOL  LAW.  37 


IX.  To  call  a  special  meeting  of  the  legal  voters  of  the 
district  at  any  time  when  in  its  judgment  the  interests  of  legal  voters. 
the  schools  require  it,  or  whenever  fifty  of  such  legal  voters 

shall  request  it  by  petition  so  to  do.  In  the  notices  of  any 
special  meeting,  called  upon  petition  as  aforesaid,  shall  be 
inserted  the  purposes  named  in  said  petition  so  far  as  the 
same  are  not  in  conflict  with  the  provisions  of  this  act.  No 
business  shall  be  transacted  at  any  special  meeting  except 
such  as  shall  have  been  set  forth  in  the  notices  by  which 
said  meeting  was  called.  Special  meetings  shall  be  called 
in  the  manner  provided  for  calling  the  annual  meetings  ;  * 

X.  To  permit  a  school-house  to  be  used  for  other  than 

school  purposes  when  the  board  shall  consent  thereto  ;  other  purposes. 

XI.  To  adopt  an  official  seal  by  which  all  its  official  acts  seal. 
may  be  authenticated  ; 

XII.  To  make  an  annual  report  to  the  County  Superin-  Annual  report. 
tendent  of  Schools  on  or  before  the  first  day  of  August  in 

the  manner  and  form  prescribed  by  the  State  Superintendent 
of  Public  Instruction  ; 

XIII.  To  borrow,  after  the  first  day  of  July  and  before  Borrow  money. 
the  first  day  of  January,  a  sum  not  exceeding  one-half  of 

the  amount  appropriated  for  the  current  expenses  of  the 
schools  and  for  the  repair  of  school-houses  under  its  control, 
and  to  execute  and  deliver  promissory  notes  therefor,  and  to 
pay  the  amount  so  borrowed  together  with  interest  thereon, 
at  a  rate  not  exceeding  six  per  centum  per  annum. 

•1.  A  special  meeting  of  the  legal  voters  of  a  school  district,  duly  called,  may 
vote  to  raise  money  for  school  purposes,  although  such  appropriation  has  been 
refused  at  the  annual  meeting.  £  tate,  Trustees,  &c.,  v.  Lewis,  6  Vr.  877.  Special  . 
meetings  of  the  voters  of  a  school  district  cannot  be  called  unless  ordered  by  the 
board  of  trustees  regularly  convened.  Bogert  v.  Trustees,  &c.,  14  Vr.  858.  Where 
money  is  ordered  to  be  raised  by  taxation  at  a  special  meeting,  the  previous  action 
of  the  trustees  in  calling  such  meeting  in  pursuance  of  authority  here  given,  must 
Appear  in  the  certificate  of  the  clerk  to  the  assessor.  Lamb  v  Hurff,  9  Vr.  310  ; 
Slack  v.  Palmer,  Hi  Vr.  250. 

2.  Notices  for  special  school  meetings  to  raise  special  school  taxes  should  be  put 
up  at  least  ten  days  before  the  time  of  meeting.  Davis  v.  Rapp,  14  Vr.  691. 

8.  At  a  special  district  meeting  called  by  the  board  of  trustees  of  a  school  district 
to  build  an  addition  to  a  school-house,  a  majority  of  the  votes  of  the  taxable  resi- 
dents present  at  a  meeting  is  sufficient  authority  to  act.  Crandall  v.  Trustees,  &c., 
22  Vr.  188. 

4.  A  special  school  tax,  ordered  by  a  special  meeting  of  the  voters,  which  was 
not  called  by  the  board  of  trustees  and  of  which  the  district  clerk  did  not  give 
notice,  will  be  set  aside.  Apgar  v.  Van  fydde,  17  Vr.  492. 

6.  A  special  meeting  can  vote  to  raise  money  to  build  a  school-house,  although 
a  similar  proposition  has  been  rejected  at  a  previous  special  meeting  held  in  the 
«ame  year.  Backhouse  v.  School  District  1*3,  Sussex  Co.,  23  Vr.  29. 


38 


SCHOOL  LAW. 


Supervising 
principal. 


Proviso. 


Proviso. 


Regular  meet- 
ing*. 


Itemized  bills. 


Proviso. 


Affidavit  to 
bills. 


96.  A  board  of  education  may  appoint  a  suitable  person 
as  supervising  principal  of  schools,  define  his  duties  and  fix 
his  salary  ;  provided,  that  no   person   shall   be  appointed 
supervising  principal  unless  he  or  she  shall  hold  either  a 
state  or  first-grade  county  certificate  ;  and  provided  further, 
that  the  boards  of  education  of  two  or  more  districts  may 
unite  in  employing  a  supervising  principal. 

97.  No  principal  or  teacher  shall  be  appointed  or  dis- 
missed, nor  the  amount   of  his  or  her  salary  fixed  ;   no 
school  term  shall  be  determined,  nor  shall  any  course  of 
study  be  adopted  or  altered,  nor  text-books  selected,  except 
by  a  majority  vote  of  the  whole  number  of  members  of  the 
board  of  education. 

98.  The  board  of  education  of  every  school  district  elected 
under  the  provisions  of  this  article,  shall  meet  for  the  trans- 
action of  business  at  least  once  in  two  months  during  the 
period  that  the  schools  in  said  district  shall  be  in  session. 
No  contract  shall  be  entered  into  by,  nor  shall  any  bill  or 
demand  for  money  against  a  board  of  education  be  paid 
until  the  same  shall  have  been  presented  and  passed  on  at 
a  regularly  called  meeting  of  the  board. 

99.  It  shall  be  unlawful  for  any  board  of  education  to 
order  paid  out  of  the  school  moneys  under  its  control,  any 
money   for  school  supplies,  books,  maps,  charts,  globes, 
fuel,  erecting,  enlarging,  repairing,  furnishing  or  improving 
school  buildings  and  grounds,  unless  the  person  claiming 
said  money  shall  first  present  to  said  board  an  itemized  bill 
showing  the  name  of  the  person  to  whom  the  amount  of 
such  bill  is  due  ;  provided,  that  the  district  clerk,  whenever 
authorized  by  said  board,  may  purchase  such  supplies  for 
the  school  or  schools  under  its  control,  and  shall  present  an 
itemized  bill  of  the  same  with  his  affidavit  attached,  which 
bill  shall   be  acted  on  and  paid  as  other  bills  are  paid. 
Every  person  presenting  any  such  bill  exceeding  in  amount 
the  sum  of  five  dollars,  shall  make  an  affidavit  that  the 
goods  or  services  itemized  in  said  bill  have  been  delivered 
or  rendered,  and  that  no  bonus  nor  reward  has  been  given 
or  received  by  any  person  with  the  knowledge  of  the  de- 
ponent in  connection  with  the  claim,  and  that  said  bill  is 
correct  and  true.     The  district  clerk  is  hereby  authorized 


SCHOOL  LAW.  39 

to  take  said  affidavit  without  cost.     Any  member  of  a  board  Penalty  for 

*  violation  of 

of  education  who  shall  willfully  violate  the  provisions  of 
this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  not  to 
exceed  one  hundred  dollars.  Said  fine  when  collected  shall 
be  paid  to  the  custodian  of  the  school  moneys  of  the  school 
district  for  the  use  of  the  district. 

100.  The  district  clerk  shall  record  in  a  suitable  book  all  Duties  of 

district  clerk. 

proceedings  of  the  board  of  education,  of  the  annual  school 
meetings,  and  of  special  school  meetings.  He  shall  pay 
out  by  orders  on  the  custodian  of  the  school  moneys  of  the 
school  district,  and  in  the  manner  prescribed  by  law,  all 
school  moneys  of  the  district.  He  shall  keep  a  correct  and 
detailed  account  of  all  the  expenditures  of  school  moneys 
in  the  district,  and  shall  report  the  same  to  the  County 
Superintendent  of  Schools.  At  each  annual  school  meeting 
he  shall  present  his  record-books  and  his  accounts  for  public 
inspection,  and  shall  make  a  statement  of  the  financial  con- 
dition of  the  district.  He  shall  post  notices  of  the  annual 
and  of  any  special  meeting  of  the  legal  voters,  and  shall 
insert  in  said  notices  the  object  or  objects  for  which  said 
meeting  shall  be  called,  and  shall  notify  all  members  of  the 
board  of  education  of  all  regular  and  special  meetings  of  the 
board. 

101.  A  member  of  a  board  of  education  elected  under  the  Removal  of 
provisions  of  this  article  who  shall  fail  to  attend  three  con- 


secutive  regular  meetings  of  said  board  without  good  cause, 
may  be  removed  by  said  board,  and  the  vacancy  thus  crea- 
ted shall  be  filled  in  the  same  manner  as  other  vacancies  in 
the  board  of  education  shall  be  filled. 

102.  The  boards  of  education  in  the  several  school  dis-  Remi-annuai 
tricts  in  each  county  organized  under  the  provisions  of  this  county  boards. 
article  shall  meet  together  semi-annually   at    such  times 

and  places  as  the  County  Superintendent  of  Schools  shall 
appoint. 

103.  A  member  of  a  board  of  education  shall  not  be  in-  Member  not  to 
terested  directly  or  indirectly  in  any  contract  with,  nor  inc?afms.te 
claim  against  said  board. 

104.  A  board  of  education  may  sue  and  be  sued,  com-  Right  to  sue, 
plain  and  defend  in  any  court  of  law  and  equity,  and  em- 

ploy counsel  therefor,  and  the  amount  of  the  expense  in- 


40 


Children  in 
almshouses. 


Present  mem- 
bers to  com- 
plete terms. 


SCHOOL  LAW. 

curred  by  said  board  in  conducting  or  defending  any  such 
suit  shall  be  certified  to  the  assessor  by  the  president  and 
district  clerk  of  such  board,  and  said  amount  shall  be 
assessed  and  collected  in  the  next  annual  tax  levy.* 

105.  The  board  of  education  of  any  district  in  which  there 
shall  be  an  almshouse  or  poorhouse,  may  admit  to  the  public 
schools  under  its  control  children  who  are  inmates  of  such 
almshouse  or  poorhouse,  or  may  maintain  a  separate  school 
for  such  children.     The  current  expenses  of  such  school  shall 
be  paid  as  the  current  expenses  of  the  other  public  schools 
in  such  district  shall  be  paid,  but  if  such  almshouse  or 
poorhouse  shall  be  under  the  control  of  the  board  of  chosen 
freeholders,  said  board  of  chosen  freeholders  shall,  upon 
the  request  of  the  board  of   education,  provide  suitable 
school  accommodations  for  such  children. 

106.  The  several  members  of  the  boards  of  education  as 
now  constituted  in  school  districts  in  townships,  cities,  in- 
corporated towns  and  boroughs  not  divided  into  wards,  shall 
continue  to  serve  for  the  full  terms  for  which  they  have  been 
severally  elected,  as  though  they  had  been  elected  under  the 
provisions  of  this  article. 


ARTICLE   VIII. 


Employment 
of  teachers. 


TEACHERS. 

107.  A  board  of  education  may  make  rules  and  regula- 
tions governing  the  engagement  and  employment  of  teachers 
and  principals,  the  terms  and  tenure  of  such  employment, 
and  the  promotion  and  dismissal  of  such  teachers  and  prin- 
cipals, the  salaries,  and  the  time  and  mode  of  payment 
thereof,  and  may  from  time  to  time  change,  amend  or  re- 
peal such  rules  and  regulations.  The  employment  of  any 
teacher  by  such  board,  and  the  rights  and  duties  of  such 
teacher  with  respect  to  such  employment  shall  be  dependent 
upon  and  shall  be  governed  by  the  rules  and  regulations  in 

*The  action  must  be  brought  against  the  district  by  its  corporate  name,  and 
not  against  the  trustees  in  their  individual  names,  with  description  appended  of 
"  Trustees,  &c."  fproul  v.  Smith,  11  Vr.  314.  The  trustees  of  a  school  district,  in 
their  corporate  capacity,  are  not  liable  to  be  sued  in  a  justice's  or  district  court, 
Townsend  v.  Trustees,  &c.,  12  Vr.  312 ;  Trustees,  &c.,  v.  Stacker,  13  Vr.  115. 


SCHOOL  LAW.  41 

force  with  reference  thereto.  If  a  board  of  education  shall  Britten  con- 
not  have  made  rules  and  regulations  as  aforesaid,  then  no 
contract  between  such  board  of  education  and  a  teacher 
shall  be  valid  unless  the  same  shall  be  in  writing,  or  partly 
written  and  partly  printed,  in  triplicate,  signed  by  the 
president  and  district  clerk  or  secretary  of  the  board  of  edu- 
cation and  by  the  teacher.  One  copy  thereof  shall  be  filed 
with  the  board  of  education,  one  copy  with  the  teacher,  and 
one  copy  with  the  county,  city,  town,  borough  or  township 
superintendent.  Such  contract  shall  specify  the  date  when 
such  teacher  shall  begin  teaching,  the  kind  and  grade  of 
•certificate  held  by  said  teacher  and  the  date  when  said  cer- 
tificate will  expire,  the  salary  and  such  other  matter  as  may 
be  necessary  to  a  full  and  complete  understanding  of  the 
same.  In  every  such  contract,  unless  otherwise  specified,  school  month, 
a  month  shall  be  construed  and  taken  to  be  twenty  school 
days  or  four  weeks  of  five  school  days  each.  The  salary 
specified  in  every  such  contract  shall  be  paid  in  equal 
monthly  installments,  not  later  than  five  days  after  the 
close  of  each  month  while  the  school  shall  be  in  session. 
Any  contract  or  engagement  between  a  board  of  education 
and  a  teacher  shall  cease  and  determine  and  be  of  no  effect 
against  said  board  whenever  said  board  shall  ascertain  by 
notice  in  writing  received  from  the  county,  city,  town, 
borough  or  township  superintendent  or  otherwise,  that  said 
teacher  is  not  in  possession  of  a  proper  teacher's  certificate 
in  full  force  and  effect,  notwithstanding  the  term  or  engage- 
ment for  which  such  contract  shall  have  been  made  may 
not  then  have  expired.  The  State  Superintendent  of  Public 
Instruction  shall  prepare  and  distribute  blanks  for  contracts 
between  boards  of  education  and  teachers.* 

108.  In  case  the  dismissal  of  any  teacher  before  the  expi-  Dismissal  of 

.  .         ,  teacher. 

ration  of  any  contract  entered  into  between  such  teacher  and 
a  board  of  education  shall,  upon  appeal,  be  decided  to  have 
been  without  good  cause,  such  teacher  shall  be  entitled  to 
compensation  for  the  full  term  for  which  said  contract  shall 

*  The  employment  of  teachers  by  school  corporations  is  an  act  judicial  in  its 
•character,  and  should  be  done  at  a  meeting  of  the  trustees,  of  which  all  should 
have  notice  and  in  which  all  have  an  opportunity  to  participate.  Townsend  v. 
Trustees,  &c.t  12  Vr.  312. 


42 


SCHOOL  LAW. 


Penalty  for 
teacher  leaving 
school  before 
completion  of 
contract. 


Teacher  to 
keep  a  school 
register. 


have  been  made  ;  but  it  shall  be  optional  with  the  board  of 
education  whether  such  teacher  shall  or  shall  not  teach  for 
the  unexpired  term.* 

109.  If  a  teacher  employed  by  a  board  of  education  shall 
leave  the  school  before  the  expiration  of  the  term  of  his  or 
her  employment,  without  the  consent  of  the  board  of  educa- 
tion, said  teacher  shall  be  deemed  guilty  of  unprofessional 
conduct,  and  the  State  Superintendent  of  Public  Instruction 
is  authorized,  upon  receiving  notice  of  such  fact,  to  suspend 
the  certificate  of  such  teacher  for  a  period  not  exceeding  one 
year. 

110.  Every  teacher  in  a  public  school  shall  keep  a  school 
register  in  the  manner  provided  therefor,  and  no  order  or 
warrant  for  salary  shall  be  delivered  to  such  teacher  until 
the  district  clerk  or  other  officer  authorized  to  deliver  such 
order  or  warrant  shall  ascertain  that  said  register  has  been 
properly  kept  for  the  time  for  which  salary  is  demanded, 
and  shall  enter  upon  said  register  a  certificate  to  that  effect. 
The  order  or  warrant  for  the  balance  of  salary  due  any 
teacher  at  the  time  of  closing  the  school  for  the  summer 
vacation,  or  of  leaving  the  school  before  the  end  of  the 
school  year,  shall  not  be  delivered  to  such  teacher  until  the 
district  clerk  or  other  officer  authorized  to  deliver  such  order 
or  warrant  shall  have  received  written  notice  from  the  county, 
city,  town,  borough  or  township  superintendent  that  such 

*1.  A  school  teacher  who  has  rendered  services  according  to  the  requirements 
of  the  school  law,  and  is  refused  compensation  out  of  the  fund  specially  provided 
for  that  purpose,  is  entitled  to  a  mandamus  to  compel  the  proper  officers  to  per- 
form their  duty,  and  to  make  payment  of  what  is  justly  due.  ^pgar  v.  School 
Trustees,  &c.,  5  Vr.  308. 

2.  In  an  action  brought  by  a  teacher  to  recover  of  the  trustees  of  a  school  dis- 
trict for  services  as  a  teacher,  an  objection  that  the  plaintiff  was  not  the  holder  of 
a  proper  teacher's  certificate  in  full  force  and  effect  cannot  be  made  after  the  evi- 
dence is  closed  and  the  cause  is  being  summed  up.    fproul  v.  tmith,  11  Vr.  314. 

3.  A  school  teacher  who  has  litigated  successfully  before  the  state  superintendent 
the  controverted  questions  upon  which  her  right  to  compensation  depends,  is 
entitled  to  a  writ  of  mac  dam  us  to  enforce  a  decision  in  her  favor.    Thompson  v. 
Board  of  Education  28  Vr.  628. 

4.  In  such  a  case  the  only  burden  upon  the  relator  is  to  show  that  the  jurisdic- 
tion of  the  state  superintendent  extended  to  the  matter  in  dispute  and  over  the 
parties  in  controversy.    Ibid. 

5.  The  state  superintendent  having  been  given  authority  to  hear  and  determine 
certain  matters,  his  determination  thereupon  has  the  conclusive  quality  of  a  judg- 
ment pronounced  in  a  legally-created  court  of  limited  jurisdiction  acting  within 
the  bounds  of  its  authority.    Ibid. 

6.  There  is  no  distinction  in  point  of  conclusiveness  between  the  decisions  of 
special  tribunals  and  the  judgments  of  courts  of  record.    The  difference  is  solely 
in  the  presumption  of  jurisdiction.    Ibid. 


SCHOOL  LAW.  4a 

teacher  has  filed  with  him  his  or  her  annual  report  on  the 
blank  furnished  for  that  purpose  by  the  State  Superintend- 
ent of  Public  Instruction  ;  provided,  that  in  any  school  in  Proviso, 
which  more  than  one  teacher  shall  be  employed  the  princi- 
pal thereof  shall  furnish  such  report. 

111.  No  teacher  shall  be  required  to  teach  school  on  any  observation  of 
day  declared  by  law  to  be  a  public  holiday,  and  no  deduc- 
tion from  a  teacher's  salary  shall  be  made  by  reason  of  the 

fact  that  a  school  day  happens  to  be  a  day  declared  by  law 
to  be  a  public  holiday.  Any  contract  made  in  violation 
of  this  section  shall  have  no  force  or  effect  as  against  a 
teacher. 

112.  A  teacher  shall   hold  every  pupil  accountable  in   Teacher's 

*  authority  over 

school  for  disorderly  conduct  on  the  way  to  or  from  school,    pupils, 
or  on  the  play-grounds  of  the  school,  or  during  recess,  and 
shall  suspend  from  school  any  pupil  for  good  cause ;  pro-  Proviso. 
vided,  that  such  suspension  shall  be  reported  forthwith  by 
the  teacher  to  the  board  of  education  ;  provided  further,  that  Proviso, 
in  any  school  in  which  more  than  one  teacher  shall  be  em- 
ployed the  principal  alone  shall  have  the  power  to  suspend 
a  pupil. 

113.  No  principal,  teacher  or  other  person  employed  or  corporal 

T  •         i  •      .  •      punishment 

engaged  in  any  capacity  in  any  school  or  educational  insti-  forbidden, 
tution,  whether  public  or  private,  shall  inflict  or  cause  to 
be  inflicted  corporal  punishment  upon  any  pupil  attending 
such  school  or  institution,  and  every  resolution,  by-law, 
rule,  ordinance  or  other  act  or  authority  heretofore  or  here- 
after passed,  adopted,  approved,  made  or  given  by  any  per- 
son or  persons  whomsoever,  natural  or  artificial,  permitting 
or  authorizing  corporal  punishment  to  be  inflicted  upon  any 
pupil  attending  or  that  may  attend  any  school  or  educa- 
tional institution  shall  be  henceforth  void  and  of  no  force 
or  effect. 

114.  No  teacher  shall   be  entitled  to  any  salary  unless  Teacher  to 

hold  certificate. 

such  teacher  shall  be  the  holder  of  an  appropriate  teacher' s 
certificate. 

115.  No  religious  service  or  exercise,  except  the  reading  Religious  exer- 
of  the  Bible  and  the  repeating  of  the  Lord's  Prayer,  shall  be 

held  in  any  school  receiving  any  portion  of  the  moneys 
appropriated  for  the  support  of  public  schools. 

116.  No  teacher  shall  be  required  to  serve  on  any  jury  in  Exempt  from 
this  state  while  his  school  shall  be  in  session. 


44 


SCHOOL  LAW. 


ARTICLE   IX. 


School  [age. 


Proviso. 


Transporta- 
tion of  pupils. 


Transfer  of 
pupils  by 
•county  superin- 
tendent. 


Payment  for 
children  trans- 
ferred. 


PUPILS. 

117.  Public  schools  shall  be  free  to  all  persons  over  five 
and  under  twenty  years  of  age  who  shall  be  residents  of  the 
school  district.     Non-residents  of  a  school  district,  if  other- 
wise competent,  may  be  admitted  to  the  schools  of  said 
district  with  the  consent  of  the  board  of  education  upon 
such  terms  as  said  board  may  prescribe  ;  provided,  that  the 
authority  to  charge  tuition  for  non-resident  pupils  conferred 
by  this  section  shall  not  apply  to  non-resident  pupils  trans- 
ferred to  any  district  by  an  order  of  the  County  Superin- 
tendent of  Schools. 

118.  Whenever  in  any  district  there  shall  be  children 
living  remote  from  the  school-house,  the  board  of  education 
of  such  district  may  make  rules  and  contracts  for  the  trans- 
portation of  such  children  to  and  from  school.     Nothing  in 
this  section  shall  be  so  construed  as  to  prohibit  a  board  of 
education  from  making  contracts  for  the  transportation  of 
children  to  a  school   in  an  adjoining  district  when   such 
children  shall  be  transferred  to  said  district  by  order  of  the 
County  Superintendent  of  Schools,  or  when  any  children 
shall  attend  school  in  a  district  other  than  that  in  which 
they  shall  reside  by  virtue  of  an  agreement  made  by  the 
respective  boards  of  education. 

119.  Any  child  living  remote  from  any  public  school  in 
the  district  in  which  he  or  she  shall  reside  shall  be  allowed 
to  attend  a  public  school  in  an  adjoining  district  with  the 
consent  of  the  County  Superintendent  of  Schools,  which 
consent  shall  be  in  writing,  and  one  copy  thereof  filed  with 
the  district  clerk  or  secretary  of  the  board  of  education  of 
the  district  in  which  such  child  shall  reside,  and  one  copy 
filed  with  the  district  clerk   or  secretary  of  the  board  of 
education  of  the  district  in  which  such  child  shall  attend 
school ;  and  in  case  the  districts  shall  not  be  in  the  same 
county,  the  written  consent  of  the  County  Superintendent 
of  Schools  of  each  county  shall  be  obtained.     The  custodian 
of  the  school  moneys  of  a  school  district  from  which  a  child 
shall  have  been  transferred  as  aforesaid  shall  pay,  on  the 
order  of  the  County  Superintendent  of  Schools,  to  the  cus- 


SCHOOL  LAW.  45 

todian  of  the  school  moneys  of  the  school  district  to  which 
said  child  shall  have  been  transferred,  such  amount  for  the 
education  of  said  child  as  the  respective  boards  of  education 
may  agree  upon,  which  amount  shall  be  certified  to  the 
County  Superintendent  of  Schools  by  said  boards  ;  but  if 
said  boards  of  education  shall  be  unable  to  agree,  on  or 
before  the  first  day  of  February,  upon  the  amount  so  to  be 
paid,  then,  and  in  that  case,  each  of  said  boards  shall 
appoint  a  suitable  person,  and  the  two  persons  so  appointed 
shall  appoint  a  third,  and  the  three  persons  so  appointed 
shall  constitute  a  board  of  arbitration.  Said  board  of  arbi-  Arbitration, 
tration  shall  decide  what  amount  is  equitably  and  justly 
due  to  the  district  to  which  such  child  shall  have  been 
transferred,  and  shall  notify  the  County  Superintendent  of 
Schools  in  writing  of  its  decision,  and  said  County  Super- 
intendent of  Schools  shall  thereupon  issue  his  order  on  the 
custodian  of  school  moneys  of  the  school  district  from  which 
such  child  shall  have  been  transferred,  and  in  favor  of  the 
custodian  of  school  moneys  of  the  school  district  to  which 
such  child  shall  have  been  transferred,  for  the  amount  cer- 
tified to  him  by  said  boards  of  education,  or  by  said  board 
of  arbitration.  The  orders  issued  by  the  County  Superin- 
tendent of  Schools  pursuant  to  the  provisions  of  this  section 
may  be  paid  out  of  any  moneys  available  for  current  ex- 
penses to  the  credit  of  the  district  from  which  said  child 
shall  have  been  transferred  ;  provided,  that  the  amount  Proviso- 
awarded  by  said  board  of  arbitration  for  each  child  trans- 
ferred as  aforesaid  shall  not  exceed  the  average  per  capita 
cost  of  education  in  the  district  to  which  said  child  shall 
have  been  transferred  for  the  year  preceding  that  for  which 
the  award  shall  be  made,  and  in  determining  said  average 
per  capita  cost,  the  amount  expended  for  the  purchase  of 
land,  the  building,  repairing'or  furnishing  of  school-houses, 
and  the  payment  of  the  principal  or  interest  of  any  debt 
incurred  therefor  shall  not.be  included. 

120.  Any  child  who  shall  have  completed  the  course  of  Boards  may 

.  .  .  agree  on  terms- 

study  pursued  in  the  schools  in  the  district  in  which  he  or  for  education 
she  shall  reside  may,  with  the  consent  of  the  board  of  edu-  higher  grades. 
tion  of  said  district  and  of  the  board  of  education  of  a  dis- 
trict in  which  he  or  she  shall  desire  to  attend  school,  be 
admitted  to  a  school  of  higher  grade  in  said  last-mentioned 


46 


SCHOOL  LAW. 


Pupils  to  sub- 
mit to  author- 
ity of  teacher. 


Parents  liable 
for  damage  to 
school  prop- 
erty. 


Unvaccinated 
children  may 
be  excluded 
from  school. 


Free  vaccina- 
tion. 


district.  Said  boards  of  education  shall  determine  the 
amount  to  be  paid  for  the  education  of  such  child,  and  the 
board  of  education  of  the  district  in  which  such  child  shall 
reside  shall  issue  an  order  for  said  amount,  signed  by  the 
president  and  district  clerk  or  secretary  of  the  board  of  edu- 
cation, in  favor  of  the  custodian  of  the  school  moneys  of  the 
school  district  in  which  such  child  shall  attend  school,  which 
order  shall  be  paid  by  the  custodian  of  the  school  moneys  of 
the  first- mentioned  district  out  of  any  moneys  in  his  hands 
available  for  the  current  expenses  of  said  district. 

121.  Pupils  in  the  public  schools  shall  comply  with  the 
regulations  established  in  pursuance  of  law  for  the  govern- 
ment of  such  schools  ;  shall  pursue  the  prescribed  course  of 
study,  and  shall  submit  to  the  authority  of  the  teacher. 
Continued  and  willful  disobedience,  open  defiance  of  the 
authority  of  the  teacher,  the  use  of  habitual  profanity  or 
obscene  language  shall  be  good  cause  for  suspension  or  ex- 
pulsion from  school.     Any  pupil  who  shall  cut,  deface  or 
otherwise  injure  any  school-house,  furniture,  fences,  out- 
buildings or  other  property  of  the  school  district  shall  be 
liable  to  suspension  and  punishment,  and  the  parents  or 
guardian  of  such  pupil  shall  be  liable  for  damages  to  the 
amount  of  the  injury  ;  said  amount  to  be  collected  by  the 
board  of  education  in  any  court  having  jurisdiction,  together 
with  the  costs  of  said  action. 

122.  A  board  of  education  may  exclude  from  school  any 
child  who  shall  not  have  been  duly  vaccinated,  unless  such 
child  shall  present  a  certificate  signed  by  a  regularly  licensed 
physician,  that  such  child  is  an  unfit  subject  for  vaccination. 
No  teacher  or  child  who  shall  be  a  member  of  a  household 
in  which  a  person  shall  be  sick  with  small  pox,  diphtheria, 
scarlet  fever,  whooping  cough  or  measles,  or  of  a  household 
exposed  to  contagion  as  aforesaid,  shall  attend  any  public 
school  during  such  sickness,  nor  until  the  board  of  educa- 
tion shall  have  been  furnished  with  a  certificate  from  the 
board  of  health,  or  from  the  physician  attending  such  sick 
person,  certifying  that  all  danger  of  communicating  such 
disease  by  such  teacher  or  child  has  passed. 

123.  In  case  any  child  enrolled  in  a  public  school  shall 
be  found  to  be  unvaccinated,  whose  parents  shall  be,  in  the 
judgment  of  the  board  of  education  unable  to  pay  for  the 


SCHOOL  LAW.  47 

vaccination  of  such  child,  the  district  clerk  or  secretary  of 
the  board  of  education  may  give  to  said  child  a  permit  to 
appear  before  any  regularly  licensed  physician  to  be  vac- 
cinated, and  such  physician,  on  presenting  said  permit  with 
his  certificate  appended  thereto  that  the  vaccination  has 
been  by  him  successfully  performed,  shall  receive  from 
the  township,  city,  incorporated  town,  borough  or  other 
municpality  in  which  said  child  shall  reside  the  sum  of 
fifty  cents. 

124.  Whenever  the  board  of  health  of  any  township,  city 
incorporated  town,  borough  or  other  municipality  shall  de-  epidemic, 
dare  any  epidemic  or  cause  of  ill-health  to  be  so  injurious 

or  hazardous  as  to  make  it  necessary  to  close  any  or  all  of 
the  public  schools  in  such  township,  city,  incorporated 
town,  borough  or  other  municipality,  said  board  shall  im- 
mediately serve  notice  on  the  board  of  education  of  the 
school  district  situate  in  said  township,  city,  incorporated 
town,  borough  or  other  municipality  that  it  is  desirable  to 
close  said  school  or  schools.  Upon  receipt  of  such  notice 
such  board  of  education  may  close  the  schools  under  its  con- 
trol, or  such  of  them  as  may  be  designated  by  the  board  of 
health,  and  said  schools  shall  not  be  reopened  until  said 
board  of  education  shall  be  satisfied  that  all  danger  from 
said  epidemic  or  cause  of  ill-health  has  been  removed. 

125.  Children  who  shall  have  never  attended  any  public 

or  private  school  may  be  admitted  to  a  public  school  during  admitted 
the  ten  days  immediately  following  the  opening  of  said 
school  for  the  fall  term,  during  the  first  five  days  in  Janu- 
ary and  April  respectively,  and  at  no  other  time  except  by 
a  majority  vote  of  all  the  members  of  the  board  of  educa- 
tion of  the  school  district  in  which  such  school  shall  be 
situate. 

126.  No  child  between  the  age  of  four  and  twenty  years 
shall  be  excluded  from  any  public  school  on  account  of  his 
or  her  religion,   nationality  or  color.     A  member  of  any 
board  of  education  who  shall  vote  to  exclude  from  any 
public   school  any  such  child,  on  account  of  his  or  her 
religion,  nationality  or  color  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  punished  by  a  Penalty, 
fine  of  not  less  than  fifty  dollars  nor  more  than  two  hun- 
dred and  fifty  dollars,  or  by  imprisonment  in  the  county 


48 


SCHOOL  LAW. 


jail,  workhouse  or  penitentiary  of  the  county  in  which  the 
offense  shall  be  committed  for  not  less  than  thirty  days  nor 
more  than  six  months^  or  by  both  fine  and  imprisonment 
in  the  discretion  of  the  court. 


Suitable  school 
accommoda- 
tions. 


Penalty. 


Outhouses. 


Tax  for  out- 
houses. 


ARTICLE   X. 

SCHOOL- HOUSES. 

127.  Each  school  district  shall  provide  suitable  school 
facilities  and  accommodation  for  all  children  residing  in  the 
district  and  desiring  to  attend  the  public  schools  therein. 
Whenever  such  school  facilities  or  accommodation  shall  be 
inadequate  and  unsuited  to  the  number  of  pupils  attending 
or  desiring  to  attend  such  schools,  the  County  Superintend- 
ent of  Schools  shall  transmit  to  the  custodian  of  the  school 
moneys  of  the  school  district  an  order  directing  him   to 
withhold  from  the  district  all  moneys  in  his  hands  to  the 
credit  of  such  school  district  received  from  the  state  appro- 
priation or  from  the  state  school  tax  until  suitable  facilities 
or  accommodation  shall  be  provided,  and  shall  notify  the 
board  of  education  of  such  district  of  his  action  with  the 
reasons  therefor.      Such  order  shall  not  take   effect  until 
approved  in  writing  by  the  State  Superintendent  of  Public 
Instruction,  and  said  approval  shall  state  when  said  order 
shall  take  effect. 

128.  Each  board  of  education  shall  provide  at  least  two- 
suitable  and  convenient  outhouses  or  water-closets  for  each 
of  the  school-houses  under  its  control.     Said  outhouses  or 
water-closets  shall  be  entirely  separated  each  from  the  other 
and  shall  have  separate  means  of  access.     Said  outhouses 
and  said  water-closets,  if  detached  from  the  school-house, 
shall  be  separated  by  a  substantial  close  fence  not  less  than 
seven  feet  in  height.     The  board  of  education  shall  have 
said  outhouses  and  water-closets  kept  in  a  clean  and  whole- 
some condition.    The  question  of  raising  the  amount  needed 
to  carry  into  effect  the  provisions  of  this  section  shall  not  be 
submitted  to  the  legal  voters  of  the  school  district,  but  the 
board  of  education  shall  notify  the  assessor  and  collector, 
by  notice  signed  by  the  president  and  district  clerk,  of  the 
amount  needed  for  such  purpose,  and  such  amount  shall  be 


SCHOOL  LAW.  4 

assessed,  levied  and  collected  at  the  same  time  and  in  the 
game  manner  as  other  special  school  taxes  are  assessed, 
levied  and  collected. 

129.  The  State  Superintendent  of  Public  Instruction  shall  Plans  for 

school-houses. 

procure  architects  plans  and  specifications  for  school  build- 
ings, and  full  detail  working  plans  therefor.  In  the  prepa- 
ration of  such  plans  due  regard  shall  be  given  to  proper 
heating,  lighting,  ventilating  and  other  hygienic  require- 
ments. Said  plans  and  specifications  shall  be  approved  by 
the  State  Board  of  Education  and  shall  be  loaned  to  any 
district  desiring  to  erect  a  new  school  building. 

130.  In  order  that  due  care  may  be  exercised  in  the  heat-  Approval  of 

*  plans  by  State 

ing,  lighting,  ventilation  and  other  hygienic  conditions  of 
public  school  buildings  hereafter  to  be  erected,  all  plans 
and  specifications  for  any  such  proposed  school  building 
shall  be  submitted  to  the  State  Board  of  Education  for  sug- 
gestion and  criticism  before  the  same  shall  be  accepted  by 
the  board  of  education  of  the  district  in  which  it  is  proposed 
to  erect  such  building. 

131.  In  any  school-house  of  two  or  more  stories  in  height,   Doors  to  open 

'    outwardly. 

the  doors  leading  from  the  class-rooms  to  the  corridors  and 
from  said  corridors  to  the  street  or  to  the  ground  surrounding 
such  school-house  shall  open  outwardly.  All  swing-doors 
shall  have  plate-glass  windows  of  suitable  dimensions. 

132.  In  order  that  the  health,  sight  and  comfort  of  the 
pupils  may  be  properly  protected  all  school-houses  hereafter 
erected  shall  comply  with  the  following  conditions  : 

I.  Light  shall  be  admitted  from  the  left,  or  from  the  left  gf^^gents 
and  rear  of  class-rooms,  and  the  total  light  area  must,  unless  school-houses, 
strengthened  by  the  use  of  reflecting  lenses,  equal  at  least 

twenty  per  centum  of  floor  space  ; 

II.  School-houses  shall  have  in  each  class-room  at  least  Ventilation, 
eighteen  square  feet  of  floor  space  and  not  less  than  two 
hundred   cubic   feet   of  air   space  per  pupil.     All  school 
buildings  shall  have  an  approved  system  of  ventilation  by 

means  of  which  each  class-room  shall  be  supplied  with  fresh 
air  at  the  rate  of  not  Jess  than  thirty  cubic  feet  per  minute 
for  each  pupil ; 

III.  All  ceilings  shall  be  at  least  twelve  feet  in  height ;       Height  of 

IV.  All  stairs,  except  cellar  stairs,  shall  be  not  less  than  staircases. 
four  feet  in  width  and  shall  have  intermediate  landings. 

4 


50  SCHOOL  LAW. 

The  several  flights  of  stairs  shall  be  inclosed  by  brick  walls 
or  by  partitions  of  slow  burning  construction,  and  without 
open  well  holes.  The  risers  of  stairs  shall  not  exceed  seven 
and  one-half  inches  in  height,  and  the  treads  shall  be  at 
least  ten  inches  in  width,  exclusive  of  the  projecting  nosings  ; 

V.  Every  school-house   having  eight   rooms  shall   have 
two  flights  of  stairs  of  not  less  than  four  feet  in  width,  or, 
in  lieu  thereof,  one  flight  of  stairs  situated  near  the  center 
of  the  building,  not  less  than  six  feet  in  width  ; 

VI.  Every  school  building  having  more  than  eight  and 
less  than  sixteen  rooms,  shall  have  two  flights  of  stairs  not 
less  than  five  feet  in  width  ; 

VII.  Every  school-house  having  sixteen  or  more  rooms 
shall  have  three  flights  of  stairs  not  less  than  four  feet  in 
width,  or,  in  lieu  thereof,  two  complete  flights  of  stairs  not 
less  than  six  feet  in  width  ; 

construction  of  VIII.  Every  building  more  than  one  story  in  height  shall 
have  metal  ceilings,  wooden  ceilings  painted  white  or  some 
light  tint  or  plastered  ceilings  on  metal  lath. 


ARTICLE   XI. 

• 

UNION    GRADED    SCHOOLS. 

Establishment        133.  Whenever  the  boards  of  education  of  two  or  more 
graded  schools,  adjoining  school  districts  shall  deem  it  for  the  bests  interests 
of  the  children  that  said  districts  shall  unite  in  establishing 
and  maintaining  a  union  graded  school,  each  of  said  boards 
shall  cause   its  secretary  or  district  clerk  to  insert  in  the 
notices  calling  any  annual  or  special  meeting  of  the  legal 
voters,  a  notice  that  the  question  of  establishing  such  union- 
Election,  how     graded  school  will  be  submitted  at  such    meeting.     The 
legal  voters  shall  vote  by  ballot,  and  at  any  such  meeting 
the  secretary  thereof  shall  keep  a  poll-list  of  the  legal  voters 
voting  on  such  question,  and  a  tally-sheet  of  the  ballots  as 
Report  to^  ^     counted  by  the  tellers.      Said  ballots,  poll-list  and  tally- 
intendent.         sheet,  which  tally- sheet  shall  be  signed  by  the  chairman  of 
the  meeting  and  by  said  secretary,  shall  be  by  said  secre- 
tary, within  five  days  after  the  date  of  said  meeting,  trans- 
mitted to  the  County  Superintendent  of  Schools  in  a  sealed 
package  endorsed  with  the  name  of  the   district,   of  the 


SCHOOL  LAW.  51 

county  in  which  it  shall  be  situate,  and  the  date  of  the 
meeting.  Said  secretary  shall  also  transmit  to  said  County 
Superintendent  of  Schools  a  certificate  of  the  result  of  such 
vote  signed  by  said  chairman  and  secretary.  In  case  the 
districts  shall  be  situate  in  different  counties,  said  secretary 
shall  transmit  the  ballots  and  other  papers  hereinbefore 
described  to  the  County  Superintendent  of  Schools  of  the 
county  in  which  the  district  shall  be  situate,  and  shall 
transmit  a  duplicate  of  the  certificate  of  the  result  of  such 
vote  to  the  County  Superintendent  of  Schools  of  the  county 
in  which  the  other  district  or  districts  shall  be  situate.  If 
the  County  Superintendent  of  Schools  shall  ascertain  from 
such  certificates  that  the  total  number  of  votes  cast  in  each 
of  said  districts  in  favor  of  establishing  such  union-graded 
school  exceeds  the  total  number  of  votes  cast  in  each  dis- 
trict against  the  same,  he  shall  immediately  notify  each  of 
the  boards  of  education  of  the  result  of  such  vote. 

134.  Whenever  two  or  more  districts  shall  have  voted  to  gJJ^JJ tion  of 
establish  a  union-graded  school  as  provided  in  the  preced-  education, 
ing  section,  the  board  of  education  of  such  union- graded 

school  shall  be  constituted  as  follows  : 

I.  If  two  districts  shall  unite  for  the  purpose  aforesaid, 
the  board  of  education  of  each  of  said  districts  shall  appoint 
two  of  its  members  as  members  of  the  board  of  education  of 
said  union- graded  school  ; 

II.  If  three  or  more  districts  shall  unite  for  the  purpose 
aforesaid,  the  board  of  education  of  each  of  said  districts 
shall  appoint  one  of  its  members  as  aforesaid. 

135.  Each  board  of  education  shall  notify  the  County  county  super- 
Superintendent  of  Schools  of  the  names  of  the  persons  so 
appointed  as  aforesaid,  and  the  persons  so  appointed  shall 
continue  to  be  members  of  the  board  of  education  of  such 

union- graded  school  until  the  second  Tuesday  in  April  next 
after  their  terms  of  office  as  members  of  their  respective 
boards  of  education  shall  have  expired,  and  their  successors 
shall  be  appointed  on  or  before  the  first  day  of  said  April  in 
like  manner  and  for  a  like  term.  The  members  so  appointed 
as  aforesaid  shall  continue  to  act  as  members  of  the  boards 
of  education  in  their  respective  districts. 

136.  A  member  of  a  board  of  education  of  a  union-graded 
school  or  the  president  or  secretary  thereof,  may  be  removed  board- 


52 


SCHOOL  LAW. 


Vacancies. 


Corporate 
name. 


Organization 
of  board  of 
education. 


Custodian  of 
school  moneys. 


Powers  of 
board  of  educa- 
tion. 

Purchase 
school  prop- 
erty. 


Insure  school 
property. 


in  the  same  manner  as  is  provided  in  this  act  for  the  removal 
of  an  officer  or  member  of  a  board  of  education.  Any  vacancy 
in  such  board  shall  be  filled  by  the  board  of  education  of  the 
district  which  by  reason  of  such  vacancy  has  not  its  full  rep- 
resentation on  the  board  of  education  of  such  union-graded 
school. 

137.  Each  board  of  education  appointed  as  provided  in 
this  article  shall  be  a  body  corporate,  and  shall  be  called 
and  known  as  ' '  the  board  of  education  of  the  union-graded 

school  of  the  school   district  of  (here  insert  the 

name  of  the  districts),  in  the  county  of "  (here  insert 

the  name  of  the  county  in  which  the  school-house  shall  be 
located). 

138.  The  board  of  education  of  each  union-graded  school 
shall  forthwith,  after  its  first  appointment,  organize  by  the 
election  of  one  of  its  members  as  president  and  a  secretary, 
who  shall  serve  until  the  second  Tuesday  in  April  next  after 
their  election,  on  which  day  and  annually  thereafter  said 
board  shall  organize  by  the  election  of  the  officers  aforesaid. 
Said  board  shall  appoint  a  suitable  person,  not  a  member 
of  said  board,  as  custodian  of  school  moneys  of  said  union- 
graded  school  and  shall  fix  his  salary  and  term  of  office. 
Said  custodian  of  school  moneys  shall  give  such  bonds  in 
such  amounts  and  with  such  sureties  as  said  board  shall 
direct,  but  said  bonds  shall  be  for  a  sum  not  less  than  twice 
the  amount  annually  apportioned  to  such  school  by  the 
County  Superintendent  of  Schools. 

139.  The  board  of  education  of  a  union-graded  school 
shall  have  power  : 

I.  To  purchase  and  improve  school  grounds,  and  to  sell 
the  same  ;  to  erect,  lease,  enlarge,  improve,  repair  or  furnish 
school  buildings  ;  to  borrow  money  with  or  without  mort- 
gage and  to  raise  money  by  taxation  for  any  such  purpose, 
or  to  pay  debts  incurred  therefor,  or  for  the  current  expenses 
of  the  schools  ;  provided,  that  for  any  such  acts  it  shall  have 
the  previous  authority  of  a  majority  vote  of  the  board  of  edu- 
cation of  each  of  the  districts  uniting  in  establishing  said 
union-graded  schools  ; 

II.  To  insure  school  buildings,  furniture  and  other  school 
property,  and  to  receive,  lease  and  hold  in  trust  any  and  all 
real  and  personal  property  for  the  benefit  of  the  school  under 
its  control ; 


SCHOOL  LAW.  53 


III.  To  determine,  subject  to  the  approval  of  a  majority 

of  the  board  of  education  of  each  of  the  districts  uniting  in  graded  schools. 

establishing  such  union-graded  school,  the  amount  needed 

to  purchase  land  for  school  purposes  ;  to  erect  and  furnish 

a  suitable  school-house,  or  to  lease  a  school-house  already 

erected,  and  for  the  current  expenses  of  such  school,  in 

which  term  shall  be  included  principals',  teachers',  janitors' 

and  medical  inspectors'  salaries,  fuel,  text-books,  school  sup- 

plies, flags,  school  libraries,  salaries  of  secretary  and  custo- 

dian of  school  moneys,  insurance  and  the  incidental  expenses 

of  such  school.    The  amount  of  money  thus  determined  shall 

be  certified  by  the  secretary  of  said  board  to  the  assessors  of 

the  several  taxing  districts  in  which  the  school  districts 

uniting  as  aforesaid  shall  be  situate,  and  said  assessors  shall 

apportion  said  amount  among  said  several  taxing  districts 

in  the  proportion  that  the  ratables  of  each  bear  to  the  total 

ratables  of  all  said  taxing  districts,  and  the  amount  thus 

apportioned  to  each  taxing  district  shall  be  assessed,  levied 

and  collected  in  the  same  manner  and  at  the  same  time  as 

other  school  taxes  shall  be  assessed,  levied  and  collected 

therein,  and  shall  be  paid  by  the  several  collectors  to  the 

custodian  of  school  moneys  of  such  union-graded  school  on 

or  before  the  fifth  day  of  January  next  after  the  same  shall 

become  due  and  payable  to  said  several  collectors  ; 

IV.  To  adopt  an  official  seal  by  which  all  its  official  acts  seal. 
may  be  authenticated  ; 

V.  To  appoint  a  supervising  principal  and  fix  his  salary, 
which  principal  shall  be  also  the  supervising  principal  of 
the  schools  in  the  districts   uniting  in   establishing  such 
union-graded  school.    Such  supervising  principal  shall  hold 
a  state  or  a  first-grade  county  certificate. 

140.  In  making  the  annual  apportionment  of  school  4entrforn" 
moneys,  the  County  Superintendent  of  Schools  shall  make 
an  apportionment  to  such  union-graded  school  on  the  same 
basis  and  in  the  same  manner  as  to  the  school  districts  in 
the  county  in  which  such  union-  graded  school  shall  be 
situate.  If  the  districts  which  shall  have  united  in  estab- 
lishing such  union-graded  school  shall  be  situate  in  different 
counties,  the  County  Superintendent  of  Schools  of  each  of 
such  counties  in  making  his  annual  apportionment  of 
school  moneys  shall  apportion  to  such  union-graded  school 


54 


SCHOOL  LAW. 


Powers  of 
board  of  edu- 
cation 


Supervision. 


Bonds  for 
school-houses. 


Vote  on  ques- 
tion of  bonds. 


three  hundred  dollars  for  the  supervising  principal  and  one 
hundred  dollars  for  each  teacher  employed  therein  during 
the  year  preceding  that  for  which  said  apportionment  shall 
be  made,  and  in  addition  thereto  shall  apportion  an  addi- 
tional sum  on  the  basis  of  the  aggregate  days  attendance  of 
all  pupils,  residents  of  such  county  who  shall  have  attended 
such  union-graded  school  during  the  year  preceding  that  for 
which  said  apportionment  shall  be  made. 

141.  The  board  of  education  of   a  union-graded  school 
shall  have  all  the  powers  and  duties  and  be  subject  to  all 
the  penalties  of  a  board  of  education  in  a  district  situate  in 
a  municipality  not  divided  into  wards,  so  far  as  the  same 
are  not  inconsistent  with  the  provisions  of  this  article. 

142.  Each  union-graded  school  shall  be  under  the  super- 
vision and  control  of  the  County  Superintendent  of  Schools 
of  the  county  in  which  the  school-house  shall  be  situate. 

143.  In  case  a  board  of   education  of  a  union-graded 
school  shall  decide  that  it  is  necessary  to  raise  money  to 
purchase  land  for  school  purposes  and  for  the  erection  and 
furnishing  of  a  school-house  or  for  the  purchase  thereof  by 
the  issue  of  bonds,  it  shall  notify  the  board  of  education  of 
each  of  the  districts  which  shall  have  united  in  establish- 
ing such  union-graded  school  of  the  amount  needed,  the 
number  of  bonds  to  be  issued,  the  denomination  of  such 
bonds,  the  maximum  rate  of  interest  thereon,  and  the  time 
or  times  of  payment.     Each  of  such  boards,  upon  receiving 
such  notification,  shall  forthwith  call  a  meeting  of  the  legal 
voters  of  its  district,  and  shall  submit  to  said  meeting  the 
question  of  issuing  such  bonds  as  proposed  by  the  board  of 
education  of   such  union-graded   school,   and  the  district 
clerk  of  the  board  of  education  of  each  of  said  districts 
shall  transmit  to  the  board  of  education  of  such  union- 
graded  school  certified  copies  of  the  record  of  the  proceed- 
ings of  the  board  of  education  and  of  the  legal  voters  of  said 
district  thereon.     If  from  said  certified  copies  it  shall  appear 
that  a  majority  of  the  legal  voters  present  at  such  meeting 
in  each  of  said  districts  shall  have  voted  in  favor  of  the 
issue  of  such  bonds,  the  secretary  of  the  board  of  education 
of  such  union-graded  school  shall  transmit  such  certified 
copies  together  with  certified  copies  of  the  record  of  the 
proceedings  of  the  board  of  education  of  such  union-graded 


SCHOOL  LAW.  55 


school  concerning  the  issue  of  such  bonds,  to  the  Attorney- 

General  for  his  approval  of  the  legality  of  all  said  proceed-  erai. 

ings,  and  shall  file  duplicate  certified  copies  of  the  record  of 

all  such  proceedings  with  the  State  Superintendent  of  Public 

Instruction,  and,  upon  the  approval  thereof  by  the  Attorney- 

General,  said  bonds  may  be  issued  and  sold  by  said  board.   Degcr.  tlonof 

144.  Bonds  authorized  as  provided  in  this  article  shall  bonds. 
be  issued  in  the  corporate  name  of  the  board  of  education 

of  the  union-graded  school  ;  shall  bear  interest  at  a  rate  not 
exceeding  six  per  centum  per  annum,  payable  semi-annu- 
ally  ;  shall  be  signed  by  the  president  of  said  board  and 
attested  by  the  secretary  ;  shall  bear  the  seal  of  said  board, 
and  shall  have  coupons  attached  for  current  payment  of 
interest,  which  coupons  shall  be  signed  by  the  secretary, 
and  shall  be  numbered  to  correspond  to  the  bonds  to  which 
they  shall  be  severally  attached.  Bonds  so  issued  shall  be 
numbered  and  a  proper  registry  thereof  kept  by  the  secre- 
tary, and  may  be  sold  at  public  or  private  sale  for  the  best 
obtainable  price,  but  not  less  than  par.  Such  bonds  when 
issued  shall  be  a  lien  upon  the  real  and  personal  estates  of 
the  inhabitants  of  each  of  the  districts  which  shall  have 
united  in  establishing  such  union-  graded  school,  as  well  as 
the  property  of  each  of  said  districts,  and  said  estates  and 
property  shall  be  liable  for  the  payment  of  the  same. 

145.  Whenever   bonds   shall   have  been  issued   by  the  Providing  for 

interest  and 

board  of  education  of  a  union-graded  school,  the  secretary  redemption  of 

of  such  board  shall,  each  and  every  year,  certify  to  the 

assessors  of  the  several  taxing  districts  in  which  the  several 

school   districts  which   shall  have  united   in  establishing 

such  union-graded  school  shall  be  situate,  the  amount  which 

shall  become  due  during  such  year  for  principal  and  interest 

of  such  bonds.     The  amount  so  certified  shall  be  appor- 

tioned and  assessed  by  said  assessors  in  the  same  manner 

and  in  the  same  proportion  as  taxes  for  the  current  ex- 

penses of  such  union-  graded  school  shall  be  apportioned 

and  assessed,  and  the  moneys  so  assessed  shall  be  levied 

and  collected  by  the  collectors  of  the  several  taxing  dis- 

tricts, and  said  collectors  shall,  on  or  before  the  fifth  day  of 

January  next  thereafter,  pay  the  full  amount  so  ordered  to 

be  assessed,  levied  and  collected  to  the  custodian  of   the 

school  moneys  of  said  union-graded  school,  who  shall,  upon 


56 


SCHOOL  LAW 


receipt  of  the  orders  of  said  board  of  education  (which 
orders  shall  state  at  what  bank  said  principal  and  interest 
are  payable),  deposit  in  such  bank  the  sum  of  money 
necessary  to  pay  said  principal  and  interest  as  they  shall 
become  due  and  payable. 

ARTICLE   XII. 


Ages  of  pupils 
in  kindergar- 
ten. 


Proviso. 


Teachers  to 
hold  special 
certificates. 


Expenses  of 
kindergartens. 


KINDERGARTENS. 

146.  The  board  of  education  of  any  school  district  may 
establish  a  kindergarten  school  or  a  kindergarten  department 
in  any  school  under  its  control,  and  shall  admit  to  such  kin- 
dergarten school  or  department  any  child  over  the  age  of 
four  and  under  the  age  of  seven  years  who  shall  be  a  resi- 
dent of  the  district ;  provided,  that  no  child  under  the  age 
of  five  years  shall  be  admitted  to  any  public  school  unless 
such  school   shall  be  a   regularly  organized   kindergarten 
school  or  shall  have  a  kindergarten  department. 

147.  Every  teacher  in  a  kindergarten  school  or  depart- 
ment shall  hold  a  special  kindergarten  certificate,  issued 
either  by  the  State  Board  of  Examiners  or  the  board  of  ex- 
aminers of  the  county  or  school  district  in  which  he  or  she 
shall  be  teaching. 

148.  The  expense  of  kindergarten  schools  or  departments 
shall  be  paid  out  of  any  moneys  available  for  the  current 
expenses  of  the  schools,  and  in  the  same  manner  and  under 
the  same  restrictions  as  the  expenses  of  the  other  schools  or 
departments  shall  be  paid. 


Ages  of  pupil 
in  evening 
schools. 


Term. 


ARTICLE  XIII. 

EVENING   SCHOOLS. 

149.  The  board  of  education  of  any  school  district  may 
establish  and  maintain  public  evening  schools  for  the  in- 
struction of  persons  over  twelve  years  of  age  residents  of  the 
district,  and  unless  such  evening  schools  shall  be  maintained 
for  a  term  of  not  less  than  four  months  in  each  year,  each 
of  said  months  to  consist  of  at  least  sixteen  evening  sessions 
of  at  least  two  hours  each,  said  district  shall  not  be  entitled 


SCHOOL  LAW.  57 

to  any  apportionment  on  the  basis  of  the  number  of  teachers 
employed  in  such  schools  during  the  year  preceding  that  for 
which  the  apportionment  shall  be  made. 

150.  The  expenses  of  evening  schools  shall  be  paid  out  Expenses,  how 
of  any  moneys  available  for  the  current  expenses  of  the 
schools,   and   in  the  same  manner  and   under  the  same 
restrictions  as  the  expenses  of  day  schools  shall  be  paid. 


ARTICLE   XIV. 

TEXT-BOOKS   AND   SUPPLIES. 

151.  Text-books  and  school  supplies  shall  be  furnished 

free  of  cost  for  use  by  all  pupils  in  the  public  schools,  books. 
Every  school  district  shall  raise  and  appropriate  annually 
in  the  same  manner  as  other  school  moneys  shall  be  raised 
and  appropriated  in  such  district  an  amount  sufficient  to 
pay  for  such  text-books  and  supplies. 

152.  Every  board  of  education  shall  make  rules  for  the  Rules  regard- 

,    i  ,  .   .       .  ,       ,  ,     ,     ,,    ,  ing  text-books. 

safe  keeping  and  proper  care  of  text-books,  and  shall  keep 
an  account  of  all  moneys  expended  by  it  for  such  text-books 
and  supplies,  and  shall  report  the  same  in  its  annual  finan- 
cial statement. 

153.  It  shall  be  unlawful  for  any  County  Superintendent  school  officers 
of  Schools,  member  of  a  board  of  education,  teacher  or  any  interested  in 
person  officially  connected  with  the  public  schools  to  be 

agent  for,  or  to  be  in  any  way  pecuniarily  or  beneficially 
interested  in  the  sale  of  any  text-books,  maps,  charts,  school 
apparatus  or  supplies  of  any  kind  or  to  receive  compensa- 
tion or  reward  of  any  kind  for  any  such  sale,  or  for  unlaw- 
fully promoting  or  favoring  the  same.  A  violation  of  the  Penalty, 
provisions  of  this  section  shall  be  punishable  by  removal 
from  office  or  by  revocation  of  certificate  to  teach. 

ARTICLE   XV. 

COMPULSORY   EDUCATION. 

154.  Every  parent,  guardian  or  other  person  having  con-  Attendance  of 

i     t         T.-1J    i_  *  children  be- 

trol  of  a  child  between  the  ages  of  seven  and  twelve  years,   tween  seven 

,.,.,,  J          '    and  twelve 

shall  send  such  child  to  public  day  school  each  day  while  years  of  age. 


58 


SCHOOL  LAW. 


Children  under 
fifteen  not  to  be 
employed  in 
certain  cases. 


Penalty  for 
failure  to  com- 
ply. 


Who  are 

juvenile  dis- 
orderly per- 
sons. 


such  school  shall  be  in  session,  unless  such  child  shall  be 
excused  from  such  attendance  by  the  board  of  education  of 
the  school  district  in  which  such  parent  or  guardian  shall 
reside  upon  its  being  shown  to  the  satisfaction  of  said  board 
that  the  bodily  or  mental  condition  of  such  child  is  such  as 
to  prevent  his  or  her  attendance  at  school,  or  that  such 
child  is  being  taught  in  a  private  school  or  at  home  in  such 
branches  as  are  usually  taught  in  public  schools  to  children 
of  his  or  her  age,  or  for  other  good  cause. 

155.  No  child  under  the  age  of  fifteen  years  shall  be  em- 
ployed by  any  person,  company  or  corporation  to  labor  in 
any  business  whatever,  unless  such  child   shall  have  at- 
tended within  twelve  months  immediately  preceding  such 
employment  some  public  or  private  school.     Such  attend- 
ance shall  be  for  five  days  or  four  evenings  every  week 
during  a  period  of  at  least  sixteen  weeks  which  may  be 
divided  into  two  terms  of  eight  consecutive  weeks  each,  so 
far  as  the  arrangement  of  school  terms  will  permit. 

156.  In  case  any  parent,  guardian  or  other  person  having 
control  of  any  child  shall  fail  to  comply  with  the  provisions 
of  this  article,  such  parent,  guardian  or  other  person  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  on  convic- 
tion thereof,  be  liable  to  a  fine  of  not  less  than  one  dollar 
nor  more  than  twenty- five  dollars  for  each  offense,  or  to 
imprisonment  for  not  less  than  five  days  nor  more  than 
three  months,  which  said  fine  shall  be  paid  to  the  custodian 
of  the  school  moneys  of  the  school  district  in  which  the 
offense  shall  have  occurred  for  the  use  of  the  public  schools 
therein.     Such  offense  shall  be  prosecuted  by  the  board  of 
education  of  said  school  district  before  a  judge  of  a  city  or 
municipal  court,  police  justice,  or  a  justice  of  the  peace 
within   whose    jurisdiction   said   school   district   shall    be 
situate. 

157.  Every  child  between  the  ages  of  seven  and  fifteen 
years  who  shall  be  an  habitual  truant  from  school,  or  who 
shall  habitually  wander  about  the  streets  and  public  places 
during  school  hours  having  no  business  or  lawful  occupa- 
tion, and  any  child  who,  while  in  attendance  at  any  public 
school,  shall  be  incorrigible,  vicious  or  immoral  in  conduct 
shall  be  deemed  a  juvenile  disorderly  person  and  subject  to 
the  provisions  of  this  article. 


SCHOOL  LAW.  59 

158.  The  board  of  education  of  each  school  district  may  Appointment 
appoint,  and  may  remove  at  pleasure,  one  or  more  persons  officers. 

to  be  designated  as  truant  officers,  and  may  fix  their  com- 
pensation, prescribe  their  duties  not  inconsistent  with  the 
provisions  of  this  article,  and  shall  make  rules  and  regula- 
tions for  the  performance  of  such  duties. 

159.  The  police  authorities  in  any  municipality  having  POUCC  a*fficerg 
an  organized  police  force  shall,  upon  the  written  request  of 

the  board  of  education  of  the  school  district  situate  in  such 
municipality,  detail  one  or  more  members  of  said  police 
force  to  act  as  truant  officers.  Any  police  officer  so  detailed 
shall  have  all  the  powers  granted  to  truant  officers  under 
the  provisions  of  this  article  as  fully  as  if  appointed  as  such 
truant  officer  by  the  board  of  education. 

160.  Any  such  truant  officer  may.  within  the  school  dis-  Power  of 

J  J '  arrest. 

trict  for  which  he  shall  have  been  appointed,  arrest  without 
warrant  any  child  between  seven  and  fifteen  years  of  age 
found  away  from  the  home  of  such  child  during  school 
hours,  and  who  shall  then  be  a  truant  from  a  school  upon 
which  he  shall  be  lawfully  required  to  attend. 

161.  Such  truant  officer  shall  forthwith  deliver  a  child  so  Disposition  of 

arrested  child. 

arrested  either  to  the  custody  of  the  parents  or  guardian  of 
such  child,  or  to  the  teacher  of  the  school  from  which  such 
child  shall  be  then  a  truant.  In  the  case  of  an  habitual  and 
incorrigible  truant,  such  officer  may  bring  him  or  her  before 
a  judge  of  a  city  or  municipal  court,  a  police  justice  or  a 
justice  of  the  peace,  within  whose  jurisdiction  said  school 
district  shall  be  situate,  for  commitment  by  such  judge  or 
justice  as  hereinafter  provided. 

162.  Such  truant  officer  shall  report  promptly  every  such  ^"^J0  be 
arrest  and  the  disposition  by  him  made  of  such  arrested 

child  to  the  board  of  education  of  the  school  district  where 
said  child  shall  be  lawfully  required  to  attend  school,  or  to 
such  person  as  said  board  may  direct. 

163.  Every  such  truant  officer  shall  examine  into  cases  of  Duties  of 

J  <  truant  officers. 

truancy,  when  requested  so  to  do  by  the  inspectors  of  fac- 
tories and  workshops,  or  by  the  board  of  education  of  the 
school  district  for  which  he  shall  have  been  appointed,  and 
shall  warn  such  truants,  their  parents  or  guardians,  in  writ- 
ing, of  the  consequences  of  truancy  if  persisted  in,  and  also  Notify  parents, 
shall  notify  the  parent,  guardian  or  other  person  having  the 


60  SCHOOL  LAW. 

legal  control  of  any  juvenile  disorderly  person,  that  the  said 
person  is  not  attending  school,  and  shall  require  said  par- 
ent, guardian  or  other  person  to  cause  said  child  to  attend 
school  within  five  days  from  said  notice.  Said  parent, 
guardian  or  other  person  having  the  legal  control  of  said  child, 
shall  cause  said  child  to  attend  school  within  said  named 

Penalty.  period.     If  said  parent,  guardian  or  other  person  having 

the  legal  control  of  said  child  shall  refuse,  fail  or  neglect 
to  cause  said  child  to  attend  school  within  said  named 
period,  said  truant  officer  shall  make  or  cause  to  be  made 
a  complaint  against  said  parent,  guardian  or  other  person 
having  the  legal  control  of  said  child,  to  a  judge  of  a  city 
or  municipal  court,  a  police  justice,  or  a  justice  of  the  peace 
within  whose  jurisdiction  said  school  district  shall  be  situate. 
For  such  refusal  or  neglect,  and  upon  conviction  thereof, 
said  parent,  guardian  or  other  person  shall  be  punished  by 
a  fine  of  not  less  than  one  dollar  nor  more  than  twenty-five 
dollars,  or  said  judge  or  justice  may,  in  his  discretion,  re- 
quire the  person  so  convicted  to  give  a  bond  in  the  penal 
sum  of  one  hundred  dollars,  with  one  or  more  sureties  to  be 
approved  by  said  judge  or  justice,  conditioned  that  said  per- 
son so  convicted  shall  cause  said  child  under  his  or  her  legal 
control  to  attend  school  within  five  days  thereafter,  and  to 
remain  at  school  during  the  term  prescribed  by  this  article ; 

Proviso.  provided,  that  if  it  shall  be  proven  to  the  satisfaction  of  said 

judge  or  justice  that  said  parent,  guardian  or  other  person 
is  unable  to  cause  said  child  to  attend  school,  then  said 
parent,  guardian  or  other  person  shall  be  discharged,  and 
said  judge  or  justice  shall  thereupon  sentence  said  child  to 
a  juvenile  reformatory  or  to  a  truant  school  until  said  child 
shall  arrive  at  the  age  of  fifteen  years  unless  sooner  dis- 
charged by  the  board  of  control  of  said  juvenile  reformatory 

Proviso.  or  parental  school ;  provided  further,  that  such  sentence  may 

be  suspended  in  the  discretion  of  said  judge  or  justice  for 
such  time  as  sa,id  child  shall  regularly  attend  school  and 

proviso.  properly  deport  himself  or  herself  therein  ;    and  provided 

further,  that  no  child  under  the  age  of  nine  years  shall  be 
sent  under  the  provisions  of  this  article,  to  a  juvenile 
reformatory. 

proceedings  164.  Every  truant  officer  appointed  under  the  provisions 

against  paient.    Qf   ^   ^^  ^^   ingtitute  Qr   cauge  to  be  instituted   pro- 


SCHOOL  LAW.  61 

ceedings  against  any  parent,  guardian  or  other  person 
having  legal  control  of  any  child,  or  against  any  person, 
company  or  corporation  violating  any  of  the  provisions  of 
this  article. 

165.  The  board  of  education  of  any  school  district  may  Parental 

•*  *     schools  may  be 

establish  and  maintain  a  school  or  schools,  or  may  set  established. 
apart  separate  rooms  in  public  school  building  for  the  use, 
restraint,  confinement  and  instruction  of  children  between 
the  ages  of  seven  and  fifteen  years  who  shall  be  habitual 
truants  from  school,  or  who  shall  be  habitually  insubor- 
dinate or  incorrigibly  disorderly  during  their  attendance 
upon  such  school.  Such  school  or  room  shall  be  known  as 
a  parental  school. 

166.  Said  board  of  education  may  compel  any  such  child 
to  attend  such  parental  school  and,  with  the  consent  in 
writing  of  the  parent,  guardian  or  other  person  having  legal 
control  of  such  child  may  cause  such  child  to  be  confined 
and  maintained  therein  for  such  a  period  and  under  such 
rules   and   regulations   as  said   board   of    education   may 
prescribe. 

167.  If  any  such  child  shall  not  attend  such  school,  then 

he  or  she  shall  be  proceeded  against  as  a  disorderly  person  attend, 
as  defined  in  this  article. 

168.  Said  board  of  education  or  some  person  designated  §Jgji51|int  and 
by  it,  or  a  truant  officer  appointed  for  said  school  district 

may  make  a  complaint  against  such  child  as  a  disorderly 
person  to  a  judge  of  a  city  or  municipal  court,  or  police 
justice,  or  to  a  justice  of  the  peace  within  whose  jurisdiction 
such  school  district  shall  be  situate,  and  upon  conviction 
thereof  such  child  may  be  by  said  judge  or  justice  sentenced 
to  be  confined  and  maintained  in  said  parental  school  for  a 
period  not  exceeding  the  remainder  of  the  then  current 
school  year. 

169.  Said  board  of  education  or  the  committing  magis-  Parole, 
trate  shall  have  authority  in  its  or  his  discretion  to  parole 

at  any  time  a  truant  so  committed  as  aforesaid. 

170.  Any  parental  school  established  under  the  provi-  Parental 
sions  of  this  article  shall  be  maintained  as  other  public  maintained! 
schools  shall  be  maintained  in  the  district  in  which  it  shall 

be  situate  under  such  rules  and  regulations  as  the  board  of 
education  of  such  district  may  prescribe. 


62 


SCHOOL   LA.W. 


When  children 
may  be  sent  to 
parental 
schools  in 
adjoining 
districts. 


171.  The  board  of  education  of  a  school  district  in  which 
there  shall  be  no  parental  school,  may  send  children  who 
shall  be  residents  of  such  school  district  and  who  shall  be 
habitual  truants  or  insubordinate  or  incorrigible  as  de- 
fined in  this  article,  to  a  parental  school  in  an  adjoining 
school  district,  by  and  with  the  consent  of  the  board  of 
education  of  the  district  in  which  said  parental  school 
shall  be  situate  and  upon  such  terms  as  said  boards 
may  agree  upon  or  the  magistrate  committing  such  child 
may  direct.  Any  expense  incurred  by  a  board  of  educa- 
tion under  the  provisions  of  this  section  may  be  paid  out  of 
any  money  raised  by  special  district  tax  for  the  current 
expenses  of  the  school. 


Condemnation 
proceedings 
when  unable 
to  agree  with 
owner. 


ARTICLE  XVI. 

CONDEMNATION   OF   LAND   AND   REAL   ESTATE. 

172.  Whenever  the  board  of  education  of  a  school  district 
situate  in  a  municipality  divided  into  wards  shall  vote  and 
determine,  or  whenever  any  school  district  situate  in  a 
municipality  not  divided  into  wards  at  its  annual  meeting, 
or  at  any  special  meeting  called  for  that  purpose  by  due 
and  legal  notice,  by  a  majority  vote  of  the  qualified  voters 
present  at  such  meeting  shall  vote  and  determine  that  the 
purchase  and  acquiring  of  any  certain  lands  and  real  estate 
shall  be  necessary  and  desirable  for  the  use  of  the  public 
schools  of  such  school  district,  and  the  board  of  education  of 
any  such  district  shall  be  unable  to  agree  with  the  owner  or 
owners  of  said  lands  and  real  estate  for  the  purchase  of  the 
same,  or  for  the  price  or  compensation  to  be  paid  for  such 
lands  and  real  estate  or  any  part  thereof,  such  board  of 
education  may  apply  to  a  judge  of  the  supreme  court  or  to  a 
judge  of  the  circuit  court  in  and  for  the  county  in  which 
such  land  and  real  estate  shall  be  situate,  for  the  appoint- 
ment of  three  commissioners  to  make  an  appraisement  of  the 
value  of  said  lands,  and  of  the  damages  which  the  owner  or 
owners  may  suffer  by  reason  of  the  taking  and  condemna- 
Appiicationfor  tion  thereof.  Such  application  shall  be  made  upon  petition 

commissioners.  rf  *•          *• 

setting  forth  that  said  board  of  education  has  been  unable  to 


SCHOOL   LAW.  63 

agree  with  the  owner  or  owners  for  the  purchase  of  such 
lands,  or  that  the  price  demanded  therefor  is,  in  the  judg- 
ment of  said  board,  more  than  the  market  value  thereof, 
and  praying  that  said  lands  may  be  condemned,  giving  in 
said  petition  a  description  of  the  lands  which  it  is  desired 
shall  be  condemned  for  the  purpose  aforesaid,  ancf  thereupon 
said  judge  shall  appoint  as  commissioners  three  suitable  Appointment 

•*      D  *  *•  of  comrnis- 

persons  who  shall  be  freeholders  and  residents  of  the  county  Boners. 
within  which  such  application  is  made,  to  make  appraise- 
ment of  the  value  of  the  lands  so  to  be  condemned  and  of 
the  damages  which  the  owner  or  owners  of  such  lands  may 
suffer  by  reason  of  the  taking  thereof. 

173.  Such  commissioners,  when  appointed,  shall  take  an  Duties  of  com- 
oath  to  execute  faithfully  and  impartially  the  duties  of  their  n 
office,  and  shall  forthwith  proceed  to  estimate  and  determine 
the  fair  value  of  the  lands  and  real  estate  so  to  be  taken  and 
condemned   as  aforesaid,  and  of  the  damages  which  the 

'  O 

owner  or  owners  thereof  will  suffer  by  reason  of  the  taking 
thereof,  first  having  given  at  least  ten  days'  notice  in  writ- 
ing  to  said  owner  or  owners,  either  personally  or  by  leaving 
the  same  at  the  place  of  abode  of  said  owner  or  owners,  of 
the  time  and  place  when  and  where  they  may  be  heard  in 
relation  to  the  matter.  In  case  any  owner  shall  be  an  in- 
fant, married  woman,  non  compos  mentis  or  absent  from  the 
county  where  such  condemnation  proceedings  shall  be  taken, 
or  be  from  any  cause  incapacitated  to  act  in  this  behalf,  then 
notice  of  the  time  and  place  and  object  of  the  said  hearing 
shall  be  advertised,  or  other  notice  given  as  the  judge  may 
direct,  and  said  hearing  or  hearings  may  be  adjourned  from 
time  to  time  at  the  discretion  of  said  commissioners.  As 
soon  as  they  shall  have  determined  upon  said  valuation  they  Determination 

•     MI,.  1111  ",    ofcommis- 

ehall  make,  sign  and  acknowledge  as  though  it  were  a  deed 
of  conveyance  of  real  e3tate,  a  certificate  thereof,  and  file  the 
same  in  the  office  of  the  clerk  of  the  county  in  which  such 
lands  and  real  estate  shall  be  situate  which  certificate  shall 
be,  by  said  clerk,  recorded  as  a  deed  of  conveyance  of  real  Payment  for 

T  '  *  land  con- 

estate.     Immediately  upon  the  payment  to  said  owner  or 

owners  of  the  amount  of  said  valuation,  or  in  case  he  or 
they  will  not  or  cannot  receive  the  same,  upon  deposit  of  the 


64 


SCHOOL   LAW. 


Appeal  to 
circuit  court. 


Trial  by  jury. 


Compensation 
of  commis- 


Filing  of 
report. 


Notice  of 
appeal. 


same  in  such  bank,  trust  company  or  institution,  or  with  the 
clerk  of  said  court,  as  the  judge  may  direct,  the  title  to  and 
right  of  possession  of  such  property  shall  become  vested  in 
such  board  of  education.  If  either  party  to  said  proceed- 
ings shall  feel  aggrieved  by  the  proceedings  and  award  of 
said  commissioners,  he,  they  or  it  may  appeal  therefrom  by 
petition  of  appeal  to  the  circuit  court  of  the  county  at  any 
time  within  sixty  days  after  the  filing  of  said  certificate,  and 
said  court  shall  thereupon,  upon  an  issue  made  up  by  said 
court  upon  five  days'  notice  by  either  party,  order  a  trial  by 
jury  to  assess  the  value  of  said  property  and  said  damages, 
which  trial  shall  be  conducted  in  all  respects  as  are  other 
cases  of  trial  by  jury,  and  the  final  judgment  of  said  court, 
upon  the  verdict  rendered  therein,  shall  be  conclusive  upon 
all  parties  as  to  said  valuation  and  damages,  and  the  amount 
already  paid  or  deposited  as  aforesaid  shall  be  increased  or 
diminished  accordingly. 

174.  The  commissioners  appointed  by  said  judge  shall 
receive  such  compensation  for  their  services  as  said  judge 
shall  order  and  direct,  and  the  same,  as  well  as  the  other 
expenses  incident  to  said  condemnation  proceedings  shall  be 
paid  by  the  board  of  education  of  the  school  district  in 
which  the  lands  shall  be  situate.     On  appeal  from  the  find- 
ings of  said  commissioners  the  successful  party  shall  be 
entitled  to  costs  as  allowed  in  trials  at  common  law. 

175.  All  reports  of  commissioners  hereafter  appointed  by 
any  judge  to  appraise  the  damages  for  the  taking  of  lands  or 
other  property  for  the  use  of  a  school  district  shall  be  made 
or  filed  on  or  before  a  day  to  be  fixed  in  the  order  of  ap- 
pointment, unless  the  judge  shall  by  order  extend  the  time 
therefor,  in  which  case  the  report  shall  be  made  on  or  before 
the  day  limited  in  said  order,  and  every  appeal  from  such 
report  shall  be  taken  within  sixty  days  after  the  day  thus 
fixed. 

176.  Whenever  an  appeal  shall  be  filed  from  an  award  of 
damages  by  commissioners  heretofore  or  hereafter  appointed 
in  any  proceedings  for  the  taking  of  lands  for  the  use  of  a 
school  district,  notice  in  writing  of  such  appeal  shall  be  given 
by  the  party  appealing  to  the  other  party  within  ten  days 


SCHOOL   LAW.  65 

after  the  filing  of  the  petition  of  appeal,  by  service  of  such 
notice  upon  each  person  interested  personally  or  by  leaving 
the  same  at  his  residence  if  he  resides  in  the  state,  or  by  ser- 
vice upon  his  attorney,  if  any,  who  shall  have  appeared  for 
him  before  the  commissioners,  or  any  other  attorney  author- 
ized to  appear  for  him.  In  case  of  a  corporation,  service 
may  be  made  on  its  attorney  or  any  officer  or  agent  upon 
whom  a  summons  in  an  action  at  law  against  the  company 
may  be  lawfully  served.  Whenever  it  shall  appear  by  nonresidents 
affidavit  that  any  person  or  corporation  being  a  party  to  the 
proceedings  is  a  non-resident  of  the  state,  or  cannot  be  found 
therein  to  be  served,  notice  shall  be  given  in  such  manner  as 
a  judge  of  the  court  to  which  appeal  shall  be  taken  may 
direct.  Said  notice  of  appeal  shall  set  forth  that  an  appeal 
has  been  taken  from  the  award  of  the  commissioners,  and 
shall  specify  the  time  and  place  where  and  when  the  ap- 
pellant will  apply  to  the  court  to  which  such  appeal  shall 
be  taken,  or  any  judge  thereof,  to  frame  the  issues  and  to  fix 
a  day  for  the  trial  of  the  appeal,  which  time  named  for  said 
application  shall  be  not  less  than  five  nor  more  than  ten 
days  from  the  date  of  service  of  the  notice,  but  the  court  or 
judge  may  by  order  change  the  time  or  place  on  the  applica- 
tion of  either  party,  and  direct  what  notice  of  such  change 
shall  be  given  to  the  other  party. 

177.  After  an  appeal  to  any  court  from  the  award  of  Hearing  of 
commissioners  appointed  to  assess  the  damages  for  the  tak-  court* 
ing  of  lands  or  other  property  for  the  use  of  a  school  dis- 
trict by  condemnation  shall  have  been  filed,  and  notice 
thereof  shall  have  been  given  as  above  provided,  the  court 
to  which  such  appeal  shall  be  taken,  or  any  judge  thereof, 
on  application  of  either  party  shall  fix  a  day  for  the  trial  of 
the  appeal,  either  during  the  term  or  vacation  when  such 
appeal  shall  be  filed,  or  during  the  following  term  or  vaca- 
tion, which  day  so  fixed  shall  be  not  less  than  twenty  nor 
more  than  forty  days  from  the  date  of  the  order,  and  the 
court  or  judge  shall  at  the  same  time  make  an  order  framing 
the  issue  between  the  parties,  and  directing  a  jury  to  be 
struck  and  a  view  of  the  premises  and  property  to  be  had, 
and  fixing  a  day  and  place  for  the  striking  of  the  jury  for 

5 


66 


SCHOOL   LAW. 


Orders  of  court 
respecting 
further  pro- 
ceedings. 


the  trial  of  the  appeal,  which  day  shall  be  at  least  ten  days 
before  the  day  fixed  for  said  trial.  The  filing  of  the  order 
shall  be  notice  to  all  parties  of  the  day  and  place  fixed 
thereby  for  the  striking  of  the  jury  and  for  the  trial,  and 
the  jury  having  been  struck,  and  the  jurors  summoned  as 
required  by  law,  the  cause  shall  be  tried  upon  the  day  and 
at  the  place  fixed  unless,  for  good  cause  shown,  the  court 
shall  adjourn  the  trial  to  another  day  which  the  court  shall 
fix,  in  which  case  the  court  shall,  in  its  discretion,  either 
direct  the  eame  jurors  to  attend,  or  order  another  jury  to  be 
struck  and  summoned  in  like  manner,  and  all  parties  shall 
take  notice  of  the  day  and  place  "fixed  for  the  adjourned 
trial. 

178.  The  court  shall  make  such  further  orders  and  take 
such  further  proceedings  as  may  be  requisite  according  to 
the  practice  of  the  court  and  the  several  statutes  regulating 
appeals  and  the  trials  thereof  in  condemnation  cases,  and 
may  permit  such  amendments  of  the  proceedings  and  pleas 
as  may  be  reasonable  and  proper  for  the  fair  trial  of  the  case, 
or  for  the  promotion  of  the  public  purposes  for  which  the 
power  to  condemn  was  conferred. 


ARTICLE  XVII. 


Trustees  of 
school  fund. 


Secretary  of 
board. 


Riparian  lands 
part  of  school 
fund. 


SCHOOL  FUND. 

179.  The  Governor,  the  Attorney- General,  the  Secretary 
of  State,  the  State  Comptroller  and  the  State  Treasurer  are 
hereby  constituted  a  Board  of  Trustees  of  the  Fund  for  the 
Support  of  Public  Schools  arising  from  appropriations  here- 
tofore made  or  which  may  hereafter  be  made  by  law,  or 
which  may  arise  from  gift,  grant,  bequest  or  devise,  which 
board  shall  be  known  as  "  The  Trustees  for  the  Support  of 
Public  Schools." 

180.  The  Secretary  of  State  shall  be  the  Secretary  of  said 
board.     He  shall  record  in  a  book  to  be  kept  for  that  pur- 
pose the  proceedings  of  said  board  and  the  accounts  to  be 
furnished  by  the  State  Treasurer  as  hereinafter  directed. 

181.  All  lands  belonging  to  this  state  now  or  formerly 
lying  under  water  are  appropriated  for  the  support  of  public 


SCHOOL   LAW.  67 

schools,  and  all  moneys  hereafter  received  from  the  sales  of 
such  lands  shall  be  paid  to  "  The  Trustees  for  the  Support 
of  Public  Schools,"  and  shall  be  invested  by  said  board,  and 
shall  constitute  a  part  of  the  permanent  school  fund  of  the 
state. 

182.  All  leases  which  have  been  heretofore  made,  or  which 
shall  be  hereafter  made  of  such  lands,  shall  be  held  by  "The 
Trustees  for  the  Support  of  Public  Schools"  as  a  part  of  the 
principal  of  the  school  fund,  and  the  income  arising  from 
said  leases  shall  be  a  part  of  the  income  of  said  school  fund. 

183.  Moneys  belonging  to  the  school  fund  shall  be  in- 
vested  by  said  board  in  the  bonds  of  the  several  school  dis- 
tricts of  this  state,  or  in  the  bonds  of  the  United  States,  or 
of  this  state,  or  in  the  bonds  of  any  county,  city,  town, 
township  or  borough  of  this  state  the  total  indebtedness  of 
which  shall  not  exceed  in  the  aggregate  fifteen  per  centum 
of  the  total  assessable  valuation  of  all  taxable  property 
therein,  and  the  interest  thereof  shall  be  a  part  of  the  income 

of  said  school  fund.     The  income  of  said  school  fund  shall  use  of  school 

tuna  income. 

be  used  for  the  support  of  public  schools,  the  payment  of 
the  salaries  of  the  County  Superintendents  of  Schools,  the 
payment  of  premiums  and  accrued  interest  on  bonds  pur- 
chased by  the  "  Board  of  Trustees  of  the  Fund  for  the  Sup- 
port of  the  Public  Schools,"  and  for  no  other  use  or  purpose 
whatsoever.  An  account  of  the  management  of  said  fund  Annual  report. 
shall  be  laid  before  the  Legislature  with  the  annual  state- 
ment of  the  State  Treasurer's  accounts.  No  compensation 
shall  be  paid  to  said  trustees  or  treasurer  for  any  services 
performed  in  pursuance  of  this  article. 

184.  Said  board  shall  not  invest  any  part  of  the  principal 
or  interest  of  said  fund  in  bonds  secured  by  mortgage  on 
lands  except  as  hereinafter  provided. 

185.  Said  board  shall  cause  foreclosure  proceedings  to  be  Foreclosure 

proceedings 

commenced  without  delay  whenever  the  interest  on  bonds  when  interest 

*  is  not  paid. 

secured  by  mortgage  held  by  said  board  as  part  of  the  school 
fund  shall  remain  unpaid  for  the  space  of  six  months; 
provided,  that  whenever  foreclosure  proceedings  shall  have  Proviso. 
been  commenced,  said  board  may,  in  its  discretion,  discon- 
tinue the  same  upon  the  payment  of  accrued  interest  and  the 
cost  of  such  proceedings. 


68 


SCHOOL   LAW. 


Purchase  prop- 
erty at  foreclo- 
sure sale. 


Proviso. 


Payment  of 
taxed  costs. 


Sale  of  real 
estate  belong- 
ing to  fund. 


Annual  report 
to  legislature. 


Appropriation 
from  school 
fund. 


186.  Said  board  may  bid  for  and  purchase  any  lands  and 
premises  exposed  to  sale  under  the  order  and  decree  of  any 
court  for  the  payment  and  satisfaction  of  any  mortgage  in- 
cumbrance  thereon  held  by  said  board,  and  may  take  and 
hold  title  to  the  lands  and  premises  so  purchased  in  and  by 
its  official  name  as  a  part  of  the  principal  of  the  school 
fund ;  provided,  that  said  board  shall  not  bid  a  higher  price 
for  such  lands  and  premises  than  shall  be  sufficient  to  pro- 
duce the  amount  due  upon  said  mortgage  incumbrance  and 
costs.     The  taxed  costs  attending  such  proceedings  and  sale, 
if  any,  shall  be  paid  by  the  State  Treasurer  on  the  warrant 
of  the  State  Comptroller. 

187.  All  real  estate  now  held  by  "The  Trustees  for  the 
Support  of  Public  Schools,"  and  all  real  estate  that  may  be 
hereafter  acquired  by  them  under  foreclosure  proceedings 
shall  be  sold,  either  at  private  or  public  sale,  at  such  times 
and  at  such  prices  as  will,  in  the  judgment  of  said  board,  be 
for  the  best  interest  of  the  state.     Said  board  may  advertise 
such  properties,  either  at  private  or  public  sale,  in  such 
manner  as  to  it  shall  seem  judicious,  and  the  proceeds  of 
such  sale  shall  be  paid  into  the  school  fund,  and  shall  be 
invested  by  said  board  as  other  moneys  of  said  fund  shall 
be  invested.     Said  board  may  loan  to  the  purchaser  of  any 
said  real  estate,  one- half  of  the  amount  of  purchase- money, 
the  same  to  be  secured  by  bond  and  mortgage  on  the  premises 
so  purchased. 

188.  The  State  Treasurer  shall  make  annually  to  said 
board  on  the  first  day  of  the  annual  meeting  of  the  Legisla- 
ture, and  at  such  other  times  as  said  board  shall  require,  a 
statement  of  the  school  fund,  containing  an  account  of  the 
securities  belonging  thereto  with  the  dates  of  investment, 
their  values,  and  the  interest  arising  from  each  class  of 
securities,  together  with  an  account  of  the  moneys  in  the 
treasury  belonging  to  said  fund. 

189.  There  shall  be  annually  apportioned  and  paid  from 
the  income  of  the  school  fund  for  the  support  of  public 
schools  two  hundred  thousand  dollars.     If  the  income  of 
said  fund  shall  not  have  been  received  in  full,  or  shall  be 
insufficient  for  such  appropriation,  the  sum  necessary  to 


SCHOOL  LAW. 

make  up  the  deficiency  shall  be  drawn  from  the  State  Trea- 
eury  on  the  warrant  of  the  State  Comptroller,  which  sum  so  state  fund 
drawn  as  aforesaid  shall  be  replaced  from  the  income  of  said 
school  fund  as  soon  as  the  same  shall  have  been  received. 


ARTICLE  XVIII. 

STATE  SCHOOL  TAX. 

190.  For  the  purpose  of  maintaining  free  public  schools  Appropriation 
there  shall  be  appropriated  each  year  from  any  moneys  in  f£3.8  a 
the  State  Treasury  not  otherwise  appropriated  such  sum, 
not  less  than  one  hundred  thousand  dollars,  as  may  be  deter- 
mined by  the  Legislature  in  the  annual  appropriation  act ; 
which  sum  shall  be  apportioned  among  and  paid  to  the 
several  counties  in  the  proportion  that  the  ratables  of  each 
of  eaid  counties  shall  bear  to  the  total  ratables  of  the  state  as 
exhibited  by  the  latest  abstract  of  ratables  filed  in  the  office 
of  the  State  Comptroller.     In  addition  to  the  amount  so  Amount  of 

*  iiir      state  school 

determined  and  appropriated,  a  state  school  tax  shall  be  tax. 
annually  assessed,  levied  and  collected  upon  the  taxable  real 
and  personal  property  in  the  state,  as  exhibited  by  the  latest 
abstract  of  ratables  from  the  several  counties  made  out  by 
the  several  boards  of  assessors  and  filed  in  the  office  of  the 
State  Comptroller.  Said  tax  shall  be  such  an  amount  as 
will  make,  when  added  to  the  amount  determined  and  ap- 
propriated as  aforesaid,  a  sum  equal  to  five  dollars  for  each 
ohild  in  this  state  between  the  ages  of  five  and  eighteen 
years,  as  determined  by  the  last  published  school  census, 
which  tax  shall  be  assessed,  levied  and  collected  at  the  same 
time  and  in  the  same  manner  as  other  taxes  shall  be  assessed, 
levied  and  collected.  The  State  Comptroller  shall  appor- 
tion  said  tax  among  the  several  counties  in  proportion  to  the  troller- 
amount  of  taxable  real  and  personal  estate  of  said  counties 
respectively  as  shown  by  the  abstract  of  ratables  as  aforesaid, 
and  he  shall  transmit  to  the  State  Board  of  Education  and 
to  the  County  Collector  of  each  county,  on  or  before  the  first 
day  of  February  in  each  year,  a  statement  of  the  amount  of 
said  tax  apportioned  to  and  payable  by  said  county,  and  said 


70  SCHOOL  LAW. 

County  Collector  shall  lay  said  statement  before  the  board 
of  assessors  of  the  townships,  cities,  boroughs  and  wards 
within  his  county  at  their  next  annual  meeting,  and  said 
board  of  assessors  shall  thereupon  apportion  said  school  tax 
as  other  taxes  are  apportioned,  and  the  same  shall  be 
assessed,  levied  and  collected  according  to  law.* 

toStontiSi?x  19L  Everv  County  Collector  shall  pay  to  the  State 
Treasurer  the  quota  of  the  state  school  tax  from  his  county 
within  twenty-five  days  after  the  same  shall  be  due  and  pay- 
able to  him  by  the  several  township,  borough  and  city  col- 
lectors and  other  officers  authorized  by  law  to  collect  said 

fal?ureyto°pay     *ax*     ^Q  case  an7  township,  borough  or  city  collector  or 

tax  to  state.         other  office]p   8hall   faij  Qr  j^gl^  to   pay  to  tne  County  Col- 

lector  the  full  amount  of  state  school  tax  due  from  his  tax- 
ing district  within  fifteen  days  after  said  tax  shall  have 
become  due  and  payable  to  said  County  Collector,  said 
County  Collector  shall  give  to  the  County  Superintendent 
of  Schools  written  notice  of  such  failure  or  neglect,  and  said 
County  Superintendent  of  Schools  shall  withhold  from  every 
school  district  in  said  taxing  district,  the  full  amount  ap- 
portioned to  it  out  of  the  reserve  fund  for  the  support  of  the 
school  or  schools  situate  within  said  taxing  district,  and  said 
county  super-  County  Superintendent  of  Schools  in  making  the  next  ap- 

intendenttore-  J 

resSve°fund  in  Por^lonmen*;  °*  school  moneys,  shall  re-  apportion  the  amount 
certain  cases.  of  the  reserve  fund  so  withheld  among  the  several  school 
districts  in  his  county.  Said  County  Superintendent  of 
Schools  shall  also  withhold  from  the  custodian  of  the  school 
moneys  of  any  school  district  the  order  for  the  amount  of 
money  apportioned  out  of  the  state  school  tax  to  said  dis- 
trict, until  the  township,  borough  or  city  collector  or  other 
officer  authorized  to  collect  taxes  in  the  taxing  district  in 
which  said  school  district  shall  be  situate  shall  have  paid  to 
the  County  Collector  the  full  amount  of  the  state  school  tax 
due  from  said  taxing  district,  and  the  township  committee, 
common  council  or  other  body  having  the  control  of  the 
finances  of  any  township,  city,  incorporated  town,  borough 

*  The  board  of  assessors  in  apportioning  the  school  tax  among  the  several  town- 
ships in  a  county,  must  distribute  it  according  to  the  value  of  the  property,  after 
deducting  debts,  as  shown  by  the  duplicate  of  the  assessors  of  the  several  townships 
of  the  then  present  year,  and  not  of  the  preceding  year.  Skirm  v.  Cox,  9  Vr.  302. 


SCHOOL  LAW.  71 

or  other  municipality  from  which  shall  have  been  withheld 
as  hereinbefore  provided,  the  amount  apportioned  out  of  the 
reserve  fund  for  the  support  of  schools  in  any  school  district 
situate  in  such  township,  city,  incorporated  town,  borough 
or  other  municipality,  shall  forthwith  appropriate  to  said 
school  district,  out  of  any  funds  under  its  control,  a  sum 
equal  to  the  amount  so  withheld,  and  in  case  there  shall  be 
no  funds  available  for  such  purpose,  such  township  com- 
mittee, common  council  or  other  body  having  control  of  the 
finances  of  such  municipality  shall  borrow  and  appropriate 
a  sum  sufficient  for  such  purpose,  and  shall  place  the  amount 
so  borrowed  in  the  next  annual  tax  levy.* 

192.  Ten  per  centum  of  the  full  amount  of  the  state  school  £fij£5J5St 
tax  annually  raised  shall  be  known  as  a  reserve  fund,  and 

shall,  on  or  before  the  fifteenth  day  of  February  in  each 
year,  be  apportioned  among  the  several  counties  by  the 
State  Board  of  Education  equitably  and  justly  according  to 
its  discretion.  The  State  Superintendent  of  Public  Instruc- 
tion shall,  on  or  before  the  fifteenth  day  of  January  next 
ensuing  said  apportionment,  draw  an  order  on  the  State 
Comptroller  in  favor  of  each  County  Collector  for  ninety 
per  centum  of  the  amount  of  state  school  tax  paid  by  said 
County  Collector  to  the  State  Treasurer,  and  said  County 
Collector  shall  apply  for  and  be  entitled  to  receive  the 
amount  of  said  order  as  soon  as  said  order  shall  be  received 
by  him.  The  State  Superintendent  of  Public  Instruction 
shall  also  draw  his  order  in  favor  of  each  County  Collector 
for  such  portion  of  the  reserve  fund  as  shall  have  been  ap- 
portioned to  his  county  as  aforesaid,  which  order  shall  be 
payable  when  the  total  amount  of  said  reserve  fund  shall 
have  been  received  by  the  State  Treasurer. 

193.  The  State  Comptroller  shall  draw  his  warrant  on  comptroller  to 
the  State  Treasurer  in  favor  of  the  County  Collector  of  each  in  favor  of 
county  for  the  portion  of  the  income  of  the  State  School  tors. 
Fund  of  the  state  appropriation  and  state  school  tax  to  which 

*1.  A  mandamus  will  be  allowed  to  compel  townships  to  pay  state  and  county 
taxes  out  of  first  tax  moneys  collected.  Vegfite  v.  Township  of  Bernards,  13  Vr.  338. 

2.  A  peremptory  mandamus  will  issue  for  the  payment  of  state  and  county  taxes 
by  a  city  where  it  has  collected  sufficient  money  to  pay  such  taxes.  Shields  v.  Pat- 
er son,  26  Vr.  495. 


72 


SCHOOL  LA.W. 


County  collec- 
tors to  hold 
money  in  trust. 


Boards  of  edu- 
cation to  re- 
port number 
of  teachers. 


said  county  shall  be  entitled,  whenever  such  County  Collec- 
tor shall  present  orders  for  the  same  drawn  by  the  State 
Superintendent  of  Public  Instruction. 

194.  The  County  Collector  of  each  county  shall  receive 
and  hold  in  trust  that  part  of  the  state  appropriation  and 
state  school  tax  apportioned  to  his  county,  and  shall  pay  the 
same  to  the  custodians  of  the  school  moneys  of  the  several 
school  districts  of  his  county  on  the  orders  of  the  County 
Superintendent  of  Schools.* 

195.  The  board  of  education  of  each  school  district  shall, 
on  or  before  the  fifteenth  day  of  March  in  each  year,  certify 
to  the  County  Superintendent  of  Schools  for  the  county  in 
which  such  school  district  shall  be  situate,  and  on  the  blanks 
furnished  for  that  purpose  by  the  State  Superintendent  of 
Public  Instruction,  the  number  of  teachers  who  shall  have 
been  employed  in  the  schools  of  such  district  for  the  full 
time  the  schools  therein  shall  have  been  kept  open  during 
the  then  current  school  year,  and  the  number  of  teachers 
who  shall  have  been  employed  in  eaid  schools  for  a  portion 
only  of  said  year,  but  for  a  period  of  not  less  than  four 
months,  and  said  County  Superintendent  of  Schools  shall, 
on  or  before  the  first  day  of  April  in  each  year,  apportion  to 
the  several  school  districts  of  said  county  the  state  school 

*(1)  A  county  collector  is  not  required  or  permitted  to  exercise  any  discretion 
as  to  how  much  of  the  state  appropriation  the  several  township  collectors  in  the 
county  are  entitled  to  receive  from  him.  The  question  as  between  these  officers 
is  settled  conclusively  by  the  order  of  the  county  superintendent  of  public  schools. 
(2)  The  notion  that  a  county  collector  can,  in  any  case,  lawfully  reduce  the 
amount  by  setting  up  some  counter-claim,  whether  in  his  own  behalf  or  in  behalf 
of  his  county,  and  whether  against  the  township  collector,  personally,  or  against 
his  township,  is  neither  justified  by  the  language  nor  consistent  with  the  policy 
of  our  school  laws.  £ tate,  Herder,  &c  ,  \.  Collector,  &c.,  7  Vr.  363. 

(I)  The  county  collector  of  each  county  shall  receive  and  hold  in  trust  the  state 
appropriation  for  public  schools  belonging  to  his  county,  and  pay  the  same  to  the 
collectors  of  the  several  townships  and  to  the  city  treasurers  of  the  cities  of  his 
county  only  on  the  orders  of  the  county  superintendent,  and  is  responsible  for 
t  hese  moneys  if  otherw ise  expended.  (2)  School  taxes  are  to  be  levied  and  applied 
for  the  fiscal  year  beginning  September  1st  succeeding  the  assessment,  and  not  for 
the  preceding  year.  (3)  A  mandamus  will  be  allowed  for  the  payment  of  the 
county  superintendent's  order  for  the  state  appropriation  for  public  schools,  where 
the  moneys  have  been  applied  for  school  purposes  in  the  preceding  year,  begin- 
ning January  1st.  State,  ex  rcl  Board  of  Education,  &c.,  v.  Sheridan,  &c.,  13  Vr.  64. 

A  mandamus  will  be  granted  against  a  county  collector  in  favor  of  a  township 
collector  or  city  treasurer  to  compel  the  payment  of  school  moneys,  although  the 
township  collector  or  city  treasurer  may  owe  the  county  collector  money  for  state 
or  county  taxes.  Board  of  Education  v.  Sheridan,  16  Vr.  276. 


SCHOOL  LAW.  73 

moneys  and  the  interest  of  the  surplus  revenue  in  the  fol- 
lowing manner : 

I.  He  shall  apportion  to  each  district  the  sum  of  two  Apportionment 
hundred  dollars  for  each  teacher  that  shall  have  been  em-  moneys  by 

county  super- 
ployed  in  said  district  for  the  full  time  the  schools  therein  intendents. 

shall  have  been  kept  open  during  the  school  year  preceding 
that  for  which  the  apportionment  shall  be  made ;  the  sum 
of  eighty  dollars  for  each  teacher  that  shall  have  been  em- 
ployed therein  for  a  portion  only  of  said  year,  but  for  a 
period  of  not  less  than  four  months ;  the  sum  of  six  hun- 
dred dollars  to  each  district  in  which  there  shall  have  been 
employed  a  supervising  principal  who  shall  have  devoted 
his  entire  time  to  the  supervision  of  the  schools  in  such  dis- 
trict, but  if  two  or  more  districts  shall  have  united  in  em- 
ploying a  supervising  principal  as  aforesaid  the  six  hundred 
dollars  apportioned  for  such  principal  shall  be  apportioned 
among  said  districts  in  the  proportion  that  the  number  of 
teachers  employed  in  each  of  said  districts  shall  bear  to  the 
total  number  of  teachers  employed  in  all  of  the  districts 
uniting  in  employing  said  supervising  principal ;  provided,  Proviso. 
that  in  making  such  apportionment  teachers  employed  in 
evening  schools  shall  be  regarded  as  employed  for  a  portion 
of  the  year  only,  but  no  apportionment  shall  be  made  for 
teach  srs  employed  in  an  evening  school  unless  the  board  of 
education  of  the  school  district  in  which  such  evening  school 
shall  have  been  maintained  shall  certify  that  said  evening 
school  has  been  maintained  at  least  four  months  during  the 
school  year  preceding  that  for  which  the  apportionment 
shall  be  made,  but  if  such  teachers  shall  have  been  also  em- 
ployed in  the  day  schools  of  the  same  district,  the  appor- 
tionment aforesaid  shall  be  made  for  them  in  addition  to 
any  amount  apportioned  for  them  as  teachers  in  such  day 
schools ;  provided  further,  that  if  any  board  of  education  of  proviso. 
any  school  district  shall  provide  proper  means  for  the  trans- 
portation of  pupils  in  accordance  with  the  provisions  con- 
tained in  this  act,  the  County  Superintendent  of  Schools,  in 
making  his  next  apportionment  and  every  apportionment 
thereafter  shall  apportion  to  such  district  the  sum  of  two 
hundred  dollars  for  each  teacher  whose  services  shall  have 


74 


SCHOOL   LAW. 


Apportionment 
of  balance  of 
state  school 
tax. 


Balance  of 
state  school 
moneys  to  be 
paid  to  county 
collector. 


County  super- 
intendent to 
re- apportion 
balances. 


Proviso. 


been  dispensed  with  by  reason  of  substituting  transportation 
for  the  services  of  such  teacher  as  long  as  proper  transporta- 
tion shall  be  provided  ; 

II.  He  shall  apportion  to  each  school  district  the  re- 
mainder of  the  school  moneys  belonging  to  said  county  on 
the  basis  of  the  last  published  school  census. 

196.  On  or  before  the  fifteenth  day  of  September  in  each 
year  the  custodian  of  the  school  moneys  of  each  school  dis- 
trict shall  pay  to  the  County  Collector  the  balance  of  moneys 
apportioned  to  said  district  by  the  County  Superintendent  of 
Schools,  which  may  then  be  in  his  hands  to  the  credit  of 
eaid  district,  and  shall  report  forthwith  to  the  County 
Superintendent  of  Schools  the  amount  thus  paid  over,  and 
the  County  Collector  shall,  on  or  before  the  first  day  of 
October  in  each  year,  report  to  the  County  Superintendent 
of  Schools  of  his  county  the  amount  of  money  received  by 
him  by  virtue  of  the  provisions  of  this  section,  and  said 
County  Superintendent  of  Schools  shall  thereupon  re-appor- 
tion such  amount  among  all  the  school  districts  in  said 
county.  The  sum  thus  re- apportioned  shall  be  paid  im- 
mediately by  the  County  Collector  to  the  several  custodians 
of  the  school  moneys  of  said  districts  on  the  orders  of  the 
County  Superintendent  of  Schools,  and  shall  be  available  for 
the  then  current  school  year.  The  sum  thus  re- apportioned 
to  any  district  shall  be  in  addition  to  the  sum  apportioned 
to  such  district  by  the  County  Superintendent  of  Schools  for 
said  school  year ;  provided,  that  the  County  Superintendent 
of  Schools  may,  for  good  cause  shown,  allow  any  such 
balance  to  remain  in  the  hands  of  the  custodian  of  the  school 
moneys  of  such  district  to  the  credit  of  such  district,  and 
such  balance  may  thereafter  be  used  and  expended  by  the 
board  of  education  of  such  school  district  for  the  purpose  of 
paying  teachers'  salaries  and  fuel  bills,  or,  by  and  with  the 
written  consent  of  the  County  Superintendent  of  Schools,  for 
the  improvement  of  school- houses  and  grounds,  the  purchase 
of  school  furniture,  or  for  any  other  purpose  connected  with 
the  schools  of  such  district. 


SCHOOL  LAW.  75 

ARTICLE  XIX. 

DISTRICT  TAX. 

197.  The  legal  voters  of  each  school  district  situate  in  a  District  tax  for 

school  pur- 
township,  city,  incorporated  town  or  borough  not  divided  P°ses- 

into  wards  may,  at  any  annual  or  special  meeting  of  said 
legal  voters,*  by  the  vote  of  a  majority  of  those  present  raise 
by  special  district  tax  such  sum  or  sums  as  a  majority  of 
said  legal  voters  present  at  such  meeting  may  agree  upon 
for  any  or  all  of  the  following  purposes  :  to  enable  the  board  Purposes  for 

J  i       ?  JT         •       i  which  money 

of  education  to  purchase  land  for  school  purposes  ;  to  build,  may  be  raised. 
enlarge,  repair  or  furnish  a  school- house,  or  to  pay  a  debt 
incurred  therefor ;  for  industrial  schools,  for  manual  train- 
ing, and  for  the  current  expenses  of  the  schools,  in  which 
term  shall  be  included  principals',  teachers',  janitors',  and 
medical  inspectors'  salaries,  fuel,  text-books,  school  sup- 
plies, flags,  transportation  of  pupils,  tuition  of  pupils  attend- 
ing schools  in  other  districts  with  the  consent  of  the  board 
of  education,  school  libraries,  compensation  of  the  district 
clerk,  of  the  custodian  of  the  school  moneys  and  of  truant 
officers;  truant  schools,  insurance  and  the  incidental  ex- 
penses of  the  schools.  In  case  any  money  shall  be  ordered 
to  be  raised  by  special  district  tax,  the  district  clerk  shall 
make  out  and  sign  a  certificate  thereof,  f  under  oath  or 

*  1.  When  an  assessment  is  ordered  by  the  inhabitants  of  a  school  district  called 
for  that  purpose,  to  sustain  the  assessment,  proof  must  be  clear  that  ten  days'  legal 
notice  of  the  time,  place  and  purposes  of  such  meeting  had  been  given.  Stale  v. 
Fan  Winkle,  1  Dutcher  73 ;  Canda  Mfg.  Co.  v.  Woodbridge,  29  Vr.  134. 

2.  A  notice  indicating  that  the  object  of  the  meeting  is  to  purchase  a  school- 
house,  will  not  warrant  a  resolution  to  pay  for  a  house  already  built.  Lamb  v. 
Hurff,  9  Vr.  810. 

8.  A  special  meeting  of  the  voters  of  a  school  district  cannot  legally  be  held  un. 
less  ten  days'  notice  thereof  be  given.  Canda  Mfg.  Co.  v.  Township  of  Woodbridge, 
29  Vr.  134. 

1 1.  The  sworn  certificate  of  the  clerk  to  the  assessor  must  specify  the  amount  to 
be  raised  for  each  purpose;  that  the  notices  were  posted  in  "  at  least  seven  public 
places  in  said  district,"  and  all  other  facts  necessary  to  show  that  the  law  has  been 
complied  with. 

The  affidavit  must  verify  all  the  material  facts  set  forth  in  the  certificate.  £  tote 
v.  Hardcastle,  12  Dutcher  143,  3  Dutcher  551 ;  Winsor  v.  Donahay,  1  Vr.  4(4;  Bang- 
hart  v.  futtivan,  7  Vr.  89 ;  Trustees  v.  Padden,  15  Vr.  151 ;  Quaid  v.  Trustees,  &c.,  20 
Vr.  607. 

2.  It  is  essential  to  the  validity  of  the  certificate  of  district  clerk  that  it  set  forth 


76 


SCHOOL   LAW. 


Assessment. 


Collection. 


Compensation 
of  collector. 


Payment  of 
district  tax 
when  full 
amount  has 
not  been  col- 
lected. 


Proviso. 


Proviso. 


affirmation  that  the  same  is  correct  and  true,  and  deliver  the 
same  to  the  assessor  of  the  taxing  district  in  which  such 
school  district  shall  be  situate,  and  shall  send  a  duplicate  of 
said  certificate  to  the  County  Superintendent  of  Schools. 
Said  assessor  shall  assess  on  the  inhabitants  of  the  school 
district  and  their  estates,  and  the  taxable  property  therein, 
in  the  same  manner  as  other  taxes  shall  be  assessed,  and  the 
collector  of  such  taxing  district  shall  levy  and  collect  such 
sum  of  money  as  shall  have  been  ordered  to  be  raised  by  the 
legal  voters  in  the  manner  aforesaid,  and  shall  pay  the  same 
to  the  custodian  of  the  school  moneys  of  the  school  district 
as  is  in  this  act  provided,  and  for  collecting  said  tax,  said 
collector,  except  such  as  receive  a  salary  in  lieu  of  fees,  shall 
receive  three- fourths  of  one  per  centum  of  the  amount  of 
said  tax  collected  by  him,  said  compensation  to  be  paid  by 
the  township  committee  or  other  governing  body  of  the 
municipality  wherein  said  tax  is  collected.  In  case  the  full 
amount  of  the  district  school  tax  shall  not  have  been  col- 
lected, said  collector  shall  pay  to  said  custodian  the  full 
amount  of  said  tax  out  of  any  moneys  in  his  hands,  except 
moneys  received  from  the  County  Collector  on  the  order  of 
the  County  Superintendent  of  Schools,  and  any  amount 
advanced  as  aforesaid  shall  be  paid  to  said  collector  out  of 
said  district  school  tax  when  collected ;  provided,  that  when 
there  shall  be  no  funds  in  the  hands  of  said  collector  avail- 
able for  such  purpose,  the  township  committee,  common 
council  or  other  body  having  control  of  the  finances  of  the 
municipality  in  which  such  school  district  shall  be  situate, 
shall  borrow  and  appropriate  a  sum  sufficient  for  such  pur- 
pose ;  provided  further,  that  when  any  meeting  shall  be  held 
as  aforesaid  it  shall  not  be  lawful  for  such  meeting  to  order 
a  greater  sum  of  money  raised  by  special  tax  than  shall  have 

that  due  notice  has  been  given  of  the  amount  of  money  proposed  to  be  raised  at 
the  district  meeting.    £  lack  v.  Palmer,  10  Vr.  250. 

3.  The  certificate  to  the  assessor  must  show  how  the  money  ordered  to  be  raised 
is  to  be  apportioned,  and  that  the  apportionment  was  made  by  the  district  meet- 
ing.   Duryea  v.  Greenleaf,  5  Vr.  441 ;  Sanghart  v.  Sullivan,  7  Vr.  89 ;  Corrigan  v.  Dur- 
yea,  11  Vr.  266;  Trustees  v.  Padden,  15  Vr.  151. 

4.  The  certificate  to  the  assessor  must  state  what  the  notice  given  of  the  meeting 
was,  and  when  and  where  the  notices  were  put  up.    Quaid  v.  Trustees,  20  Vr.  607. 


SCHOOL  LAW.  77 

been  mentioned  and  designated  in  the  notices  calling  such 
meeting.* 

198.  At  any  annual  or  special  meeting  when  money  shall  ^iiot°  be  by 
be  ordered  raised  for  school  purposes  by  special  district  tax 
or  by  the  issue  of  bonds  the  legal  voters  shall  vote  by  ballot. 
The  chairman  of  the  meeting  shall  appoint  two  tellers  who 
shall  receive  and  count  the  ballots  in  his  presence.  The 
secretary  of  the  meeting  shall  keep  a  poll-list  and  shall 
record  therein  the  name  of  each  person  voting,  and  shall  also 
keep  a  tally-sheet  of  the  votes  as  counted.  The  tally-sheet 
shall  be  signed  by  the  chairman  and  tellers,  and  said  tally- 
sheet,  poll-  list  and  ballots  shall  be  placed  by  the  secretary 
in  a  sealed  package,  indorsed  with  the  name  of  the  district, 
the  name  of  the  county  in  which  the  district  shall  be  situate, 
and  the  date  on  which  said  election  shall  have  been  held, 
and  said  package,  together  with  a  statement  of  the  results  of 
such  election,  signed  by  the  chairman  and  secretary,  shall 
within  five  days  after  the  date  of  said  meeting  be  forwarded 
by  said  secretary  to  the  County  Superintendent  of  Schools, 
and  the  same  shall  be  preserved  by  him  for  one  year. 


ARTICLE  XX. 

CUSTODIAN  OF   SCHOOL   MONEYS. 

199.  In  each  school  district  there  shall  be  a  custodian  of  h  oneys 
school  moneys  who  shall  receive  and  hold  in  trust  all  school 
moneys  belonging  to  such  school  district,  whether  received 
from  the  state  appropriation,  state  school  tax,  district  tax, 

*  1.  The  resolution  passed  at  the  district  meeting  must  direct  the  particular  pur- 
pose, which  must  be  one  of  the  purposes  in  the  act,  and  must  be  contained  in  the 
notice.  If  money  is  voted  for  more  than  one  purpose,  the  r  solution  must  specify 
the  amount  apportioned  to  each.  Cochrane  v.  Oarrabrant,  3  Vr.  444  ;  Banghart  v. 
Sullivan,  1  Vr.  89  ;  Corrigan  v.  Duryea,  11  Vr.  266. 

2.  A  resolution  to  raise  money  to  build  and  furnish  a  school-house  is  not  bad 
because  the  amount  to  be  used  for  building  and  the  amount  for  furnishing  are  not 
separately  stated.    Stackhouse  v.  School  District  A3,  Sussex  Co.,  23  Vr.  291. 

3.  A  resolution  to  sell  an  old  school-house,  passed  at  the  same  meeting  that  it 
was  resolved  to  raise  money  to  build  a  new  house,  is  illegal  if  the  notice  calling 
the  meeting  does  not  state  that  it  would  be  a  subject  for  consideration.    £  tackhouse 
v.  £  chool  District  43,  Sussex  Co.,  23  Vr.  291. 

4.  The  purchase  of  land  and  erection  of  a  school-house  includes  fencing  and 
grading  the  lot,  and  supplying  the  school  property  with  drinking  water.    Cham- 
ber fain  v.  Cranbury  Botrd  of  Education,  29  Vr.  317. 


78 


SCHOOL   LAW. 


Orders,  how 
drawn. 


Report  of 
custodian. 


Board  of educa- 
tion may  ap- 
point custo- 
dian. 


Bond. 


Township  col- 
lector to  be 
custodian 
when  no  ap- 
pointment is 
made  by  board 
of  education. 


Compensation. 


appropriation,  or  from  other  sources,  and  shall  pay  out  the 
same  only  on  orders  signed  by  the  president  and  district 
clerk  or  secretary  of  the  board  of  education.  Each  order 
shall  specify  the  object  for  which  it  shall  be  given,  and  shall 
be  made  payable  to  the  order  of  and  shall  be  indorsed  by 
the  person  entitled  to  receive  the  amount  named  therein. 
Said  custodian  shall  pay  over  the  balance  of  school  funds 
remaining  in  his  hands  to  his  successor  in  office.  He  shall 
keep  in  the  book  provided  for  that  purpose  a  record  of  the 
sums  received  and  paid  out  by  him.  At  the  close  of  the 
school  year  he  shall  transmit  to  the  board  of  education  of 
the  district  a  report  showing  the  amounts  received  and  dis- 
bursed by  him  for  school  purposes  during  said  year,  and 
shall  file  a  duplicate  of  auch  report  with  the  County  Super- 
intendent of  Schools.* 

200.  A  board  of  education  may  appoint  a  suitable  person, 
may  be  a  member  of  said  board,  as  custodian  of  school 
moneys  of  said  district,  and  may  fix  his  salary  and  term  of 
office.     Such  custodian  shall  give  bonds  for  the  faithful 
discharge  of  his  duties,  in  such  amounts  and  with  such 
sureties  as  said  board  shall  direct,  but  said  bonds  shall  be 
for  a  sum  not  less  than  twice  the  amount  apportioned  to 
said  district  by  the  County  Superintendent  of  Schools. 

201.  In  any  school  district  in  which  the  board  of  educa- 
tion shall  not  have  appointed  a  custodian  of  school  moneys, 
the  township  collector,  borough  collector,  city  treasurer  or 
other  person   designated  by  law  as  the  custodian  of  the 
moneys  belonging  to  the  municipality  in  which  such  school 
district  shall  be  situate,  shall  be  the  custodian  of  the  school 
moneys  of  such  district,  and  shall  receive  such  compensation 
as  the  township  committee,  common  council  or  other  gov- 
erning body  of  such  municipality  shall  determine,  which 
compensation  shall  be  paid  by  said  township  committee, 

*  1.  A  mandamus  will  be  granted  to  compel  a  township  collector  to  pay  the  bal- 
ance of  school  moneys  to  his  successor.    Minzer  v.  Disbrow,  13  Vr.  141. 

2.  An  order  of  the  district  clerk,  which  specifies  the  object  for  which  it  was 
given  without  any  designation  of  the  yearly  taxes  out  of  which  it  shall  be  pay- 
able, is  a  sufficient  voucher  for  the  township  collector.    Zimmerman  v.  Mathe,  20 
Vr.  45. 

3.  The  township  collector  paying  out  school  moneys  on  statutory  orders  is  not 
responsible  for  the  application  the  school  trustees  have  made  of  the  money. 
Zimmerman  v.  Mathe,  20  Vr.  45. 


SCHOOL  LAW.  79 

common  council,  or  other  governing  body  from  the  funds  of 
the  township,  borough,  city  or  other  municipality,  and  the 
bonds  given  by  said  collector,  treasurer  or  other  person  for 
the  faithful  performance  of  his  duty  as  such  officer,  shall  be 
held  to  cover  and  secure  the  faithful  performance  of  his  duty 
as  custodian  of  school  moneys  and  the  bondsmen  thereon 
shall  be  liable  therefor.  In  case  the  term  of  office  of  any  •^ggffij'g M 
such  township  collector,  borough  collector,  city  treasurer  or  yjdrof  sch(H>1 
other  person  shall  expire  before  the  close  of  the  school  year, 
he  shall  remain  and  continue  to  be  the  custodian  of  school 
moneys  until  the  close  of  the  then  current  school  year,  and 
his  bondsmen  shall  remain  and  be  legally  bound  for  the 
faithful  performance  of  his  duties  as  such  custodian  until  the 
final  settlement  of  his  accounts.  Nothing  in  this  article  shall 
be  construed  as  giving  to  the  township  committee,  common 
council  or  other  governing  body  of  any  municipality  any 
control  over  moneys  belonging  to  the  school  district  in  the 
hands  of  the  custodian  of  the  school  moneys  of  said  district, 
but  said  moneys  shall  be  held  by  such  custodian  in  trust, 
and  shall  be  paid  out  by  him  only  on  orders  legally  issued 
and  signed  by  the  president  and  district  clerk  or  secretary  of 
the  board  of  education.  Any  ordinance,  by-law  or  resolu- 
tion  of  a  township  committee,  common  council  or  other  haveycontroi  of 
governing  body  of  any  municipality  attempting  to  control  sch°o1  moneys- 
such  moneys,  or  which  shall  in  any  way  prevent  the  custo- 
dian of  the  school  moneys  of  the  school  district  from  paying 
the  orders  of  the  board  of  education  as  and  when  they  shall 
be  presented  for  payment  shall  be  absolutely  void  and  of  no 
effect.* 

202.  Whenever  in  any  school  district  there  shall  be  no  JJ^jg^ in 
custodian  of  school  moneys  appointed  by  the  board  of  educa-  certain  dis- 
tion,  and  there  shall  be  two  or  more  collectors,  treasurers  or 
other  persons  entitled  to  be  custodians  of  school  moneys  in 
such  district,  the  collector,  treasurer  or  other  person  residing 
in  the  municipality  situate  in  such  school  district  having  the 
largest  amount  of  taxable  property  shall  be  custodian  of  the 
school  moneys  of  such  school  district. 

*  The  common  council  has  no  control  over  school  funds,  and  a  resolution  direct- 
ing the  treasurer  to  retain  a  portion  of  the  school  fund  and  apply  it  to  the  pay- 
ment of  certain  special  assessments  against  school  property,  is  a  nullity.  Board 
of  Education  v.  Town  of  Union,  23  Vr.  69. 


80 


SCHOOL  IAW. 


Moneys  to  be 
paid  to  custo- 
dians. 


Sinking  fund. 


School  orders 
to  draw  inter- 
est in  certain 
cases. 


Report  of 

custodian. 


Penalty  for 
failure  to 
report. 


Payment  of 
school  moneys 
to  custodian. 


203.  The  collector  or  treasurer  of  each  municipality  in 
which  a  school  district  shall  be  situate,  shall  pay  to  the 
custodian  of  the  school  moneys  of  such  school  district  the 
amount  ordered  to  be  assessed,  levied  and  collected  in  such 
municipality  for  the  use  of  the  public  schools  therein  exclu- 
sive of  the  state  school  tax,  on  or  before  the  fifth  day  of 
January  next  succeeding  the  assessment  thereof. 

204.  Whenever  there  shall  have  been  established  a  sink- 
ing fund  for  the  payment  of  school  bonds  the  custodian  of 
the  moneys  of  the  corporation  which  shall  have  issued  such 
bonds  shall  be  the  custodian  of  the  securities  and  moneys 
belonging  to  such  fund,  and  the  bondsmen  on  his  bonds  as 
such  custodian  shall  be  liable  for  the  safe- keeping  of  said 
fund. 

205.  Whenever  any  order  for  payment  of  the  current 
expenses  of  a  public  school  shall  be  drawn  and  issued  by 
any  board   of  education  on  the   custodian  of  the  school 
moneys  of  such  district,  and  there  shall  be  no  funds  in  the 
hands  of  such  custodian  to  pay  the  same,  such  order  shall 
bear  legal  interest  until  such  time  as  said  custodian  shall 
have  funds  to  pay  the  same,  of  which  fact  he  shall  give 
public  notice,  whereupon  said  interest  shall  cease. 

206.  If  any  custodian  of  the  school  moneys  of  any  school 
district  shall  fail  to  make  his  report  to  the  County  Superin- 
tendent of  Schools  on  or  before  the  first  day  of  August  in 
any  year,  he  shall  forfeit  to  said  school  district  the  sum  of 
ten  dollars  for  each  day  thereafter  until  his  report  shall  be 
made.     Said  sum  shall  be  sued  for  and  collected  by  the  dis- 
trict clerk  or  secretary  of  the  board  of  education  of  said 
school  district  in  any  court  of  competent  jurisdiction. 

207.  Upon  the  appointment  in  any  school  district  of  a 
custodian  of  school  moneys  under  the  provisions  of  thi& 
article,  the  township  collector,  city  treasurer  or  other  person 
then  having  the  custody  of  the  school  moneys  of  such  dis- 
trict, shall  forthwith  pay  over  to  the  custodian  so  appointed 
all  moneys  in  his  hands  to  the  credit  of  such  school  district, 
and  upon  the  receipt  of  such  moneys  the  custodian  of  school 
moneys  appointed  as  aforesaid  shall  give  a  receipt  therefor 


SCHOOL  L1W.  81 

to  such  township  collector,  city  treasurer  or  other  person, 
and  such  receipt  shall  be  a  full  acquittance  for  the  moneys 
so  received. 


ARTICLE  XXI. 

SCHOOL  DISTRICT  BONDS. 

208.  The  legal  voters  of  any  school  district  situate  in  a 
municipality  not  divided  into  wards,  may,  either  at  the 
annual  meeting  of  said  district  or  at  a  special  meeting  thereof 
called  for  that  purpose,  by  the  vote  of  a  majority  of  those 
present  *  authorize  the  board  of  education  to  issue  bonds  of 
the  district  for  the  purpose  of  purchasing  land  for  school 
purposes,  or  building  a  school- house  or  school-houses,  or 
making  additions,  alterations,  repairs  or  improvements  in  or 
upon  any  school-house  and  the  lands  upon  which  the  same 
shall  be  located,  and  of  purchasing  school  furniture  and 
other  necessary  equipment,  f  Such  bonds  shall  be  issued  in  Description  or 
the  corporate  name  of  the  district,  for  such  sums  and  in  such 
amounts  and  payable  at  such  times  as  the  legal  voters  so 
met  shall  direct,  with  interest  at  a  rate  not  exceeding  six  per 
centum  per  annum  payable  half-yearly.  Said  bonds  shall 
be  signed  by  the  president  of  the  board  of  education  and 
attested  by  the  district  clerk,  shall  bear  the  seal  of  the  dis- 
trict, and  shall  have  coupons  attached  for  current  payment 
of  interest,  which  coupons  shall  be  signed  by  the  district 
clerk  and  shall  be  numbered  to  correspond  to  the  several 
bonds  to  which  they  shall  be  severally  attached.  Bonds  so 
issued  shall  be  numbered  and  a  proper  registry  thereof  shall 
be  kept  by  the  district  clerk.  Such  bonds  may  be  sold  at  sale  of  bonds. 
public  or  private  sale  for  the  best  obtainable  price,  but  not 
less  than  par. 

*  See  section  198. 

fit  is  necessary  that  it  shall  clearly  and  unequivocally  appear  upon  the  face 
of  proceedings  lor  the  issue  of  bonds  of  a  school  district,  that  the  bonds  are  to  be 
issued  only  for  purposes  which  the  statute  authorizes  them  to  be  issued  for. 
Chamberlain  v.  Cranbury  Board  of  Education,  59  Vr.  347. 

Bonds  are  not  mere  mortgages,  but  are  evidences  of  legal  debts  of  the  districts 
issuing  them.  JfcCuMy  v.  Ridgefleld  Tmvnship,  Feb.  Term,  1899. 

6 


82  SCHOOL  LAW. 


209.  Whenever  bonds  shall  have  been  legally  issued  by 
any  school  district  situate  in  a  municipality  not  divided 
into  wards,  and  the  same  shall  be  due  and  unpaid  or  out- 
standing, the  board  of  education  of  such  district,   when 
authorized  so  to  do  by  the  legal  voters  thereof  at  an  annual 
meeting  of  said   district  or  at  a  special   meeting  thereof 
called  to  act  thereon,  shall  have  power  to  renew  such  out- 
standing bonds  or  any  part  thereof  by  the  issuing  of  new 
bonds  for  that  purpose,  in  the  name  and  under  the  seal  of 
said  district.     Such  bonds  shall  be  in  the  general  form  of 
the  bonds  theretofore  issued  by  said  district,  shall  be  signed 
by  the  president  of  the  board  of  education  and  attested  by 
the  district  clerk,  shall  bear  the  seal  of  the  district,  shall 
bear  interest  at  a  rate  not  exceeding  six  per  centum  per 
annum,   and  shall  be  issued  for  such  sums  and  in  such 
amounts  and  payable  at  such  times  as  the  legal  voters  at 
such  meeting  shall  direct.     Such  bonds  shall  have  coupons 
attached  for  current  payment  of  interest,  which  coupons 
shall  be  signed  by  the  district  clerk  and  shall  be  numbered 
to  correspond  to  the  several  bonds  to  which  they  shall  be 
severally  attached.     Bonds  so  issued  shall  be  numbered 
and  a  proper  registry  thereof  kept  by  said  district  clerk. 
They  may  be  sold  at  public  or  private  sale  for  the  best 
obtainable  price,  but  not  less  than  par,  and  the  money 
realized  from  such  sale  shall  be  applied  to  the  taking  up 
and  cancellation  of  such  outstanding  bonds  ;  or  said  renewal 
bonds  may  be  exchanged  for  such  outstanding  bonds  on  an 
equal  basis  of  principal  and  interest,  and  the  bonds  so  re- 
deemed shall  be  forthwith  canceled  by  the  board  of  educa- 
tion of  said  district. 

210.  Bonds  of  any  school  district  legally  issued  under  the 
ict.       provisions  of  this  article  shall  be  a  lien  upon  the  real  and 

personal  estates  of  the  inhabitants  of  the  said  district,  as 
well  as  the  property  of  said  district,  and  said  estates  and 
property  shall  be  liable  for  the  payment  of  the  same. 
Whenever  bonds  shall  be  authorized  to  be  issued  by  any 
school  district  as  aforesaid  the  district  clerk  shall  transmit 
Proceedings  to  certified  copies  of  the  record  of  the  proceedings  authorizing 

be  approved  by  .  ,    .        ,  . 

attorney-gen-     the  issuing  of  such  bonds  to  the  Attorney-  General  for  his 
approval  of  the  legality  of  said  proceedings,  and  duplicate 


^ 
the  distri 


SCHOOL  LAW.  83 

copies  of  such  record  shall  be  filed  with  the  State  Superin- 
tendent of  Public  Instruction. 

211.  Whenever  a  school  district  situate  in  a  municipality  Notice  to 

assessor. 

not  divided  into  wards  shall  have  ordered  and  authorized 
the  issue  of  bonds  and  the  same  shall  have  been  issued,  the 
district  clerk  shall,  each  and  every  year  issue  to  the  assessor 
of  the  taxing  district  in  which  such  school  district  shall  be 
situate  an  order  directing  him  to  assess  upon  the  inhabitants 
of  said  taxing  district  and  their  estates,  and  the  taxable 
property  therein,  an  amount  sufficient  to  pay  the  bond  or  collection  of 

*       J  "   J  tax  to  pay 

bonds  maturing  in  such  year,  together  with  the  interest  *™*  and  ln* 


accruing  upon  all  the  unpaid  bonds  of  such  district,  which 
order  so  issued  as  aforesaid  shall  be  duly  executed  by  said 
assessor.  The  moneys  so  assessed  shall  be  levied  and  col- 
lected by  the  collector  of  said  taxing  district  who  shall,  on 
or  before  the  fifth  day  of  January  next  thereafter,  pay  the 
full  amount  so  ordered  to  be  assessed,  levied  and  collected 
to  the  custodian  of  the  school  moneys  of  said  school  district, 
who  shall,  upon  the  receipt  of  the  orders  of  the  board  of 
education,  signed  by  the  president  and  attested  by  the  dis- 
trict clerk  (which  orders  shall  state  at  what  bank  the  said 
principal  and  interest  shall  be  payable),  deposit  in  such 
bank  the  sum  of  money  necessary  to  pay  the  principal  and 
interest  as  they  shall  become  due  and  payable. 

212.  On  the  taking  up  of  outstanding  bonds,  or  on  the  ££gllation  of 
payment  of  bonds  of  any  school  district  the  board  of  educa- 

tion of  such  district  shall  forthwith  cancel  the  same,  and 
when  so  canceled  they  shall  be  deposited  in  the  office  of  the 
State  Superintendent  of  Public  Instruction. 

213.  The  district  clerk  or  secretary  of  a  board  of  educa-  Report  to  state 

superintend- 

tion  in  any  district  in  which  there  shall  be  any  interest-  ent- 
bearing  school  debt  shall,  on  or  before  the  first  day  of 
August  in  each  year  report  to  the  State  Superintendent  of 
Public  Instruction  the  amount  of  such  debt  then  remaining 
unpaid,  together  with  the  rate  of  interest,  the  date  or  dates 
on  which  the  bonds,  notes  or  other  evidences  of  indebted- 
ness were  issued,  and  the  date  or  dates  on  which  they  will 
fall  due. 


84 


SCHOOL  LAW. 


• 


Name  of  nor- 
mal school. 


Supervision. 


Treasurer. 


Repairs. 


Number  of 
pupils. 


ARTICLE  XXII. 


STATE    NORMAL   SCHOOL. 

214.  A  state  normal  school  shall  be  maintained  for  the 
purpose  of  training  and  educating  persons  in  the  science  of 
education  and  art  of  teaching.     The  name  and  title  of  said 
school  shall  be  '  *  The  New  Jersey  State  Normal  School. ' r 
Tuition  in  said  school  shall  be  free. 

215.  The  State  Board  of  Education  shall  have  the  control 
and  care  of  the  buildings  and  grounds  owned  and  used  by 
the  state  for  a  normal  school  and  of  the  funds  for  the  sup- 
port thereof ;    shall   appoint  and  remove   the  principal, 
teachers  and  other  employes  and  shall  fix  their  salaries  ; 
shall  purchase  and  furnish  text-books,  apparatus  and  sup- 
plies for  the  use  of  the  pupils  ;  shall  prescribe  a  course  of 
study  for  the  school ;  shall  make  rules  for  its  management 
and  shall  grant  diplomas. 

216.  The  State  Board  of  Education  shall  appoint  som& 
suitable  person  treasurer  of  said  school  and  shall  fix  his 
salary.     All  bills  and  charges  for  the  maintenance  of  said 
school,  except  as  hereinafter  provided,  shall  be  paid  by  said 
treasurer  upon  the  certificate  of  said  board. 

217.  Said  board   shall   order  necessary   repairs  to  the 
grounds,  buildings  and  furniture  of  said  Normal  School, 
and  shall  keep  said  buildings  and  furniture  insured.     The 
State  Comptroller  shall  upon  the  certificate  of  said  board, 
draw  warrants  upon  the  State  Treasurer  for  the  payment  of 
the  costs  thereof. 

218.  Each  county  shall  be  entitled  to  at  least  six  times  as 
many  pupils  in  the  school  as  it  shall  have  representatives 
in  the  Legislature.     In  case  any  county  shall  not  have  the 
full  number  of  pupils  to  which  it  shall  be  entitled,  pupils 
may  be  admitted  from  other  counties.     Pupils  when  ad- 
mitted shall  sign  a  declaration  that  they  intend  to  teach  in 
the  public  schools  of  this  state  for  at  least  two  years  imme- 
diately after  being  graduated,  unless  excused  temporarily 
by  the  State  Board  of  Education,  and  that  if  they  do  not  so- 
teach  they  will  refund  to  the  state  the  cost  of  their  education.. 


SCHOOL  LAW.  85 

219.  The  State  Board  of  Education  may  maintain  a  model  Model  school, 
school  under  regular  teachers,  in  which  pupils  of  the  Nor- 
mal School  shall  have  the  opportunity  to  observe  and  prac- 
tice approved  methods  of  instruction  and  discipline. 


ARTICLE  XXIII. 

NEW    JERSEY   SCHOOL    FOR    THE    DEAF. 

220.  A  school  shall  be  maintained  for  the  purpose  of 
training  and  educating  deaf  children.     The  name  and  title 
of  said  school  shall  be  * '  The  New  Jersey  School  for  the 
Deaf."     Tuition  in  said  school  shall  be  free. 

221.  The  State  Board  of  Education  shall  have  the  control  supervision, 
and  care  of  the  buildings  and  grounds  owned  and  used  by 

the  state  for  a  school  for  the  deaf  and  the  funds  for  the 
support  thereof  ;  shall  appoint  and  remove  a  superintendent, 
teachers  and  other  employes  and  shall  fix  their  salaries  ; 
shall  purchase  furniture,  text-books,  school  apparatus  and 
other  supplies  ;  shall  make  rules  and  regulations  for  the 
government  and  management  of  said  school  and  for  the 
admission  of  pupils  thereto. 

222.  All  improvements,   additions   and   repairs  to   the  Maintenance, 
buildings  of  said  school  and  the  furnishing  thereof,  shall  be 

by  contract,  after  due  notice  given  and  specifications  fur- 
nished. The  State  Board  of  Education  shall  invite  pro- 
posals twice  in  each  year,  at  intervals  of  six  months,  for 
supplying  said  school  with  dry  goods,  wearing  apparel, 
groceries,  provisions,  vegetables,  fuel,  illuminating  material 
and  all  other  articles  the  necessity  of  which  it  shall  be  prac- 
ticable to  determine  as  being  needed  for  the  then  ensuing 
six  months.  The  standard  quality  of  such  articles  shall  be 
determined  by  the  board,  and  standard  samples  of  non- 
perishable  articles  shall  be  kept  in  the  office  of  the  super- 
intendent for  the  inspection  of  bidders.  The  inviting  of 
proposals  shall  be  advertised  for  ten  consecutive  days  in 
two  daily  newspapers  published  in  the  city  of  Trenton, 
which  advertisement  shall  classify  the  articles  which  shall 
be  grouped  in  each  bid,  and  shall  also  state,  as  nearly  as 
practicable,  the  quantity  needed,  and  that  said  goods  are  to 
be  delivered  during  the  next  ensuing  six  months  as  ordered 


86 


SCHOOL   LAW. 


Contract  for 
supplies. 


Who  may  be 
admitted  as 
pupils. 


Proviso. 


Application. 


by  said  superintendent.  Said  board  shall  award  the  con- 
tract to  the  lowest  responsible  bidder  on  each  class  or  group 
of  articles  advertised  for,  and  shall  require  contractors  to 
enter  into  suitable  bonds  for  the  faithful  performance  of 
said  contracts;  but  said  board  shall  have  the  right  to  reject 
any  and  all  bids  not  considered  by  it  to  be  in  the  interest 
of  said  school. 

223.  Deaf  persons  of  suitable  age  and  capacity  for  in- 
struction who  shall  be  legal  residents  of  this  state  and  not 
over  twenty-one  years  of  age,  shall  be  entitled  to  the  privi- 
leges of  the  school  for  such  a  period  of  time,  not  exceeding 
fourteen  years,  as  the  State  Board  of  Education  shall  de- 
termine ;  provided,  that  whenever  more  persons  apply  for 
admission  at  one  time  than  can  be  properly  accommodated 
in  said  school,  said  board  shalT  so  apportion  the  number 
received  that  each  county  shall  be  represented  therein  in  the 
ratio  of  its  deaf  population  to  the  total  deaf  population  of 
tho  state.     Application  for  admission  into  said  school  shall 
be  made  to  the  State  Board  of  Education  by  a  parent, 
guardian  or  friend  of  a  proposed  pupil  in  such  manner  as 
said  board  shall  direct,  but  the  board  shall  require  such  ap- 
plication to  be  accompanied  by  a  certificate  from  the  judge 
of  the  inferior  court  of  common  pleas  or  the  county  clerk  of 
the  county,  the  chosen  freeholder  or  clerk  of  the  township, 
the  mayor  or  other  executive  officer  of  the  city,  borough  or 
other  municipality  in  which  the  applicant  shall  reside,  set- 
ting forth  that  the  applicant  is  a  legal  resident  of  the  town- 
ship, city,  borough  or  other  municipality  claimed  as  his  or 
her  residence,  and  the  age,  circumstances  and  capacity  of 
such  proposed  pupil,  and  the  ability  or  inability  of  such 
proposed  pupil  or  of  his  or  her  parent  or  guardian  to  pay 
any  part  of  the  expense  of  the  care  and  maintenance  of  such 
proposed  pupil.     Whenever  said  board  shall  be  satisfied 
that  the  resources  of  any  person  applying  for  admission  to 
such  school  or  being  a  pupil  thereat,  or  those  of  his  or  her 
parent  or  guardian  shall  be  sufficient  to  defray  either  the 
whole  or  a  part  of  the  expense  of  maintaining  such  pupil, 
said  board  may  require  such  parent  or  guardian  to  pay 
either  the  whole  or  such  portion  of  the  annual  expense  of 
maintaining  such  pupil  as  it  shall  deem  just  and  equitable. 


SCHOOL   LAW.  87 

224.  The  State  Board  of  Education  shall  appoint  some  Treasurer, 
suitable  person  treasurer  of  said  school  and  shall  fix  his 
salary.     All  bills  and  charges  for  the  maintenance  of  said 
school  shall  be  paid  by  said  treasurer  upon  the  certificate  of 

said  board. 

ARTICLE  XXIV. 

MANUAL   TRAINING   AND    INDUSTRIAL    SCHOOL    FOR    COLORED 

YOUTH. 

225.  The  board  of  trustees  of  "  The  Manual  Training  and  supervision. 
Industrial  School  for   Colored   Youth"    (now  located  at 
Bordentown)  as  now  constituted  is  hereby  abolished,  and 

paid  school  shall  be  hereafter  conducted  and  managed  by 
the  State  Board  of  Education,  which  board  shall  have  the 
full  management  and  control  thereof;  shall  have  the  care 
and  charge  of  the  buildings  and  property  thereof;  the  ap- 
plication and  expending  of  the  funds  provided  or  appro- 
priated for  the  support  thereof;  the  appointment  and  re- 
moval of  a  principal,  teachers  and  other  employes;  the 
fixing  and  paying  of  their  salaries;  the  power  to  prescribe 
the  studies  and  exercises  of  said  school  and  rules  for  its 
management,  and  for  the  admission  of  pupils  thereto. 
Tuition  in  said  school  shall  be  free. 

226.  Each  county  shall  be  entitled  to  as  many  pupils  in 
said  school  as  it  shall  have  representatives  in  the  Legisla- 
ture, but  in  case  any  county  shall  not  have  in  said  school 
the  full  number  of  pupils  to  which  it  shall  be  entitled,  pupils 
may  be  admitted  from  other  counties. 

227.  In  lieu  of  all  claims,   rights  and  titles   that  the  Appropriation. 
Manual  Training  and  Industrial  School  for  Colored  Youth 

has  or  may  hereafter  have  upon  the  annual  appropriation 
coming  to  this  state  from  Congress  under  the  provisions  of 
the  supplement  to  the  act  of  Congress  of  August  thirteenth, 
one  thousand  eight  hundred  and  ninety,  a  sum  not  to  ex- 
ceed five  thousand  dollars  may  be  annually  appropriated 
for  the  maintenance  of  said  school  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated. 

228.  The  State  Board  of  Education  shall  appoint  some  Treasurer, 
suitable  person  treasurer  of  said  school  and  shall  fix  his 
salary. 


88 


SCHOOL   LAW. 


ARTICLE  XXV. 

MANUAL   TRAINING. 

Appropriation.  229.  Whenever  in  any  school  district  there  shall  have  been 
raised  by  special  tax  or  by  subscription  or  both  a  sum  not 
less  than  five  hundred  dollars  for  the  establishment  in  such 
district  of  a  school  or  schools  for  industrial  education  or  man- 
ual training,  or  for  the  purpose  of  adding  industrial  educa- 
tion or  manual  training  to  the  course  of  study  then  pursued 
in  the  school  or  schools  of  such  district,  there  shall  be  paid  for 
such  purpose  to  the  custodian  of  the  school  moneys  of  said 
district,  on  the  order  of  the  State  Superintendent  of  Public 
Instruction,  an  amount  equal  to  that  raised  therein  as  afore- 
said, which  amount  shall  be  paid  by  the  State  Treasurer 
on  the  warrant  of  the  State  Comptroller.  Whenever  such 
school  or  schools  shall  have  been  established  in  any  district, 
or  said  industrial  education  or  manual  training  shall  have 
been  added  to  the  course  of  study  in  the  school  or  schools 
of  any  district,  there  shall  be  paid  to  such  district  in  like 
manner  for  the  maintenance  and  support  thereof  a  sum 
equal  to  tfcat  raised  each  year  in  the  district  for  such  pur- 
pose; provided,  that  the  course  of  study  in  industrial  educa- 
tion or  manual  training  established  under  the  provisions  of 
this  section  shall  be  approved  by  the  State  Board  of  Educa- 
tion; and  provided  further,  that  the  moneys  appropriated  by 
the  state  as  aforesaid  to  any  school  district  shall  not  exceed 
in  any  one  year  the  sum  of  five  thousand  dollars.  The 
custodian  of  the  school  moneys  of  the  school  district  shall 
be  the  legal  custodian  of  any  and  all  funds  subscribed,  ap- 
propriated or  raised  for  the  purpose  of  carrying  out  the 
course  of  study  contemplated  by  this  section,  and  he  shall 
keep  a  separate  and  distinct  account  thereof,  and  shall  dis- 
burse said  moneys  on  orders  signed  by  the  president  and 
district  clerk  or  secretary  of  the  board  of  education. 

230.  In  case  the  sum  necessary  as  aforesaid  to  obtain  the 
state  appropriation  or  any  part  thereof  shall  have  been 
raised  by  private  subscription,  the  board  of  education  of 
any  school  district  in  which  there  shall  have  been  estab- 
lished a  separate  school  for  industrial  education  or  manual 
training  under  the  provisions  of  this  article,  may  select 


Proviso. 


Proviso. 


Custodian  of 
funds. 


Additional 
managers.  • 


SCHOOL   LAW.  89 

from  among  the  donors  of  such  sum  not  more  than  six  per- 
sons to  assist  said  board  in  the  management  of  said  school. 

231.  The  board  of  education  of  any  school  district  re-  Report, 
ceiving  an  appropriation  from  the  state  for  the  purpose 
mentioned  in  this  article  shall  annually,  on  or  before  the 

first  day  of  August,  make  a  special  report  to  the  State 
Superintendent  of  Public  Instruction  in  the  manner  and 
form  prescribed  by  him. 

ARTICLE  XXVI. 

SCHOOL   LIBRARIES. 

232.  The  State  Comptroller  shall  draw  his  warrant  on  the  *w 
State  Treasurer  upon  the  order  of  the  State  Superintendent 

of  Public  Instruction,  and  in  favor  of  the  custodian  of  the 
school  moneys  of  a  school  district  for  the  sum  of  twenty 
dollars  for  any  public  school  situate  in  such  district  for 
which  there  shall  have  been  raised  by  special  district  tax, 
subscription  or  entertainment  a  like  sum  to  establish  in 
such  school  a  school  library,  or  to  procure  books  of  refer- 
ence, school  apparatus  or  educational  works  of  art;  and  the 
further  sum  of  ten  dollars  annually  upon  a  like  order,  upon 
condition  that  there  shall  have  been  raised  by  special  dis- 
trict tax,  subscription  or  entertainment  a  like  sum  for  the 
maintenance  of  such  library  for  such  year. 

233.  All  selections  of  articles  aforesaid  purchased  in  part 
by  state  funds  shall  be  approved  by  a  committee  of  three 
persons,  to  be  known  as  the  school  library  committee,  con-  Library  com- 
sisting  of  the  County  Superintendent  of  Schools,  the  prin- 
cipal of  the  school  for  which  the  purchases  shall  be  made, 

and  the  president  of  the  board  of  education  of  the  district 
in  which  such  school  shall  be  situate.  Such  committee 
shall  make  all  necessary  rules  and  regulations  for  the  pur-  Rules, 
chase,  management,  use  and  safe-keeping  of  all  books  and 
apparatus  purchased  in  part  by  state  funds.  In  any  school 
district  situate  in  a  municipality  divided  into  wards,  and 
having  a  superintendent  of  schools,  said  superintendent 
shall  be  a  member  of  such  committee  instead  of  the  County 
Superintendent  of  Schools. 


90  SCHOOL   LAW. 

joint  library.  234.  In  any  school  district  in  which  there  shall  be  more 
than  one  school-house,  the  school  library  committees  of  two 
or  more  of  such  schools  may  consolidate  and  establish  in 
one  place  the  school  libraries  under  their  control,  and  said 
committees  shall  constitute  a  joint  committee  for  the  con- 
trol and  management  of  such  consolidated  library. 


Appropria- 
tions. 


Committee. 


ARTICLE  XXVII. 

TEACHERS'  LIBRARIES. 

235.  Whenever  in  any  county  there  shall  have  been 
raised  by  subscription  a  sum  of  money  not  less  than  one 
hundred  dollars  for  the  establishment  of  a  library  of  peda- 
gogical  books   for  the  use  of  the  teachers  of  the  public 
schools,  the  State  Comptroller  shall,  upon  the  order  of  the 
State  Superintendent  of  Public  Instruction,  draw  his  war- 
rant on  the  State  Treasurer  in  favor  of  the  County  Superin- 
tendent of  Schools  of  said  county  for  the  sum  of  one  hun- 
dred dollars  for  the  benefit  of  such  library,  and  annually 
thereafter  there  shall  be  paid  on  a  like  order  a  sum  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars,  upon 
condition  that  there  shall  have  been  raised  by  subscription 
a  like  sum  for  the  maintenance  of  such  library  for  such  year. 

236.  The  County  Superintendent  of  Schools  and  three 
teachers  of  public  schools  in  such  county  appointed  by  him, 
shall  constitute  a  committee  to  select  and  purchase  books 
and  apparatus  for  such  library,  and  to  make  rules  and  regu- 
lations for  the  management,  use  and  safe-keeping  thereof. 


Trustees,  how 
selected. 


ARTICLE  XXVIII. 

TEACHERS'  RETIREMENT  FUND. 

237.  There  shall  be  a  board  of  trustees  of  the  fund  here- 
inafter mentioned  to  be  known  as  "The  Board  of  Trustees 
of  the  Teachers'  Retirement  Fund,"  which  board  shall  be 
composed  of  such  members  as  the  Legislature  shall  from 
time  to  time  prescribe;  and,  until  changed  by  law,  said 
board  shall  consist  of  the  State  Superintendent  of  Public 
Instruction,  three  members  of  the  State  Board  of  Education 


SCHOOL  LAW.  91 

chosen  by  that  body,  and  three  members  of  the  New  Jersey 
State  Teachers'  Association  upon  whom  this  act  shall  have 
become  binding  by  its  terms.  Said  last-mentioned  three 
members  shall  be  selected  at  the  annual  meeting  of  the  New 
Jersey  State  Teachers'  Association  by  those  members  of 
said  association  eligible  to  election  hereunder.  The  terms 
of  office  of  the  members  so  chosen  by  the  State  Board  of 
Education  shall  be  co-extensive  with  their  respective  terms 
as  members  of  such  Board  of  Education,  and  the  terms  of 
office  of  those  members  elected  by  the  members  of  the  New 
Jersey  State  Teachers'  Association  hereinabove  designated, 
shall  be  for  three  years  and  until  their  successors  shall  be 
elected.  The  members  and  officers  of  the  Board  of  Trus- 
tees of  the  Teachers'  Retirement  Fund  as  now  constituted 
shall  continue  in  office  for  the  full  terms  for  which  they 
have  been  severally  elected. 

238.  Said  board  of  trustees  shall  elect  one  of  its  members  officers, 
president  and  one  secretary,  who  shall  hold  office  respec- 
tively until  the  next  annual  meeting  of  the  board  and  until 
their  successors  shall  be  elected  ;  provided,  that  the  term  of  Proviso, 
office  of  such  president  or  secretary  shall  not  extend  beyond 
his  term  of  office  as  member  of  said  board  of  trustees.  The  A  °£ual meet" 
annual  meeting  for  the  election  of  officers  shall  be  held  on 
the  second  Monday  of  September.  Said  board  shall  admin- 
ister the  fund  hereinafter  mentioned  and  order  all  payments 
therefrom  according  to  the  provisions  of  this  article.  Such 
portion  of  said  fund  as  the  board  of  trustees  may,  from  time 
to  time  determine,  may  be  invested  either  on  bond  and  investment  o* 
mortgage  upon  real  estate  situate  within  this  state  worth  at 
least  double  the  amount  loaned  thereon,  or  in  any  bonds  of 
this  state,  or  bonds  of  any  of  the  counties  or  school  districts 
of  this  state,  or  in  any  of  the  bonds  of  any  city  or  other 
municipality  of  this  state  whose  aggregate  bonded  indebted- 
ness shall  not  exceed  fifteen  per  centum  of  the  amount  of 
its  taxable  ratables.  All  moneys  invested  in  any  of  the 
securities  mentioned  in  this  section  shall  be  deemed  to  be 
part  of  the  permanent  principal  of  said  fund,  and  the  in- 
come arising  from  said  moneys  so  invested,  together  with 
all  moneys  received  as  percentages  of  the  salaries  of  teachers, 
and  all  moneys  received  by  donation,  legacy,  gift,  bequest, 
devise  or  otherwise,  and  which  shall  not  be  specifically 
directed  to  be  made  a  part  of  the  permanent  principal  of 


SCHOOL   LAW. 


^Duties  of 
.treasurer. 


said  fund,  shall  be  available  for  the  payment  of  annuities 
and  the  expenses  connected  with  the  management  of  said 
fund.  All  moneys  received  in  payment  of  principal  of 
bonds  or  other  securities  held  by  said  fund  shall  be  re- 
invested and  shall  remain  a  part  of  said  principal.  Said 
Annual  report,  board  shall  report  annually  to  the  State  Board  of  Education 
at  its  meeting  in  October,  the  condition  of  said  fund  and 
the  receipts  and  disbursements  on  account  of  the  same, 
together  with  a  list  of  the  beneficiaries  of  said  fund,  and 
the  amount  paid  to  each  of  said  beneficiaries.  The  fiscal 
year  of  said  fund  shall  begin  on  the  first  day  of  July  and 
shall  end  on  the  thirtieth  day  of  June,  and  the  report 
herein  required  thall  be  for  such  fiscal  year. 

239.  The  State  Treasurer  shall  be  ex-officio  treasurer  of 
the  fund  hereinafter  mentioned.    He  shall  receive  all  moneys 
payable  to  said  fund,  and  shall  pay  out  the  same  only  on 
warrants  or  orders  of  the  board  of  trustees  of  said  fund, 
which  warrants  or  orders  shall  be  signed  by  the  president 
and  secretary  of  said  board,  and  all  warrants  or  orders  when 
so  signed,  shall  be  full  authority  for  and  the  acquittance  of 
said  treasurer  for  all   payments  from   said  fund.      Said 
treasurer  shall  give  receipts  for  all  moneys  received  by  him 
for  said  fund  ;  shall  keep  full  and  correct  accounts  of  the 
financial  transactions    connected   with   the  said  fund   in 
proper  books  for  that  purpose,  and  shall  make  an  annual 
report  to  the  board  of  trustees  at  its  meeting  in  September 
of  the  receipts  and  disbursements  and  other  financial  trans- 
actions connected  with  said  fund. 

240.  Whenever  any  teacher  shall  have  taught  in  the  pub- 
lic schools,  or  in  any  normal  or  reformatory  school  or  in 
any  other  school  of  this  state  supported  either  wholly  or  in 
part  by  public  moneys  raised  under  the  authority  of  any 
law  of  this  state,  for  a  period  or  periods  aggregating  twenty 
years  or  more,  and  shall  have  become  incapacitated  from 
performing  the  duties  of  a  teacher,  such  teacher  shall,  at 
his  or  her  request,  and  on  the  approval  of  the  aforesaid 
board  of  trustees  be  retired  as  a  teacher,  and  shall  thereafter 
receive  an  annuity  out  of  the  fund  hereinafter  mentioned 
equal  to  one-half  of  the  average  annual  salary  received  by 
such  teacher  for  the  five  years  immediately  preceding  the 

proviso.  time  of  retirement ;  provided,  however,  that  no  annuity  shall 


Report  of 

.treasurer. 


.Annuitants. 


SCHOOL  LAW.  98- 

be  less  than  two  hundred  and  fifty  dollars  nor  more  than 

six  hundred  dollars  ;  provided  further,  that  no  teacher  shall  Proviso. 

be  retired  under  the  provisions  of  this  article  unless  he  or 

she  shall  have  first  paid  into  said  fund  such  sum  as  shall 

make  his  or  her  total  payments  into  said  fund  equal  to  at 

least  twenty  per  centum  of  his  or  her  average  annual  salary 

for  the  five  years  immediately  preceding  the  time  of  such 

retirement.     The  decision  of  the  board  of  trustees  of  said  Decision  of 

irusiees 

fund  upon  any  application  for  such  annuity  shall  conclu-  decisive, 
sively  determine  the  right  of  the  applicant  thereto,  and  the 
payment  of  any  such  annuity  shall  be  suspended  whenever 
it  shall  appear  to  said  board  upon  sufficient  proof,  that  the 
annuitant  is  able  to  earn  and  has  the  opportunity  to  earn  a 
sufficient  livelihood,  but  such  payment  may  be  resumed 
whenever  said  board  shall  deem  it  proper  so  to  do. 

241.  All  annuities  payable  under  the  provisions  of  this  Payment  cf 
article  shall  be  paid  in  quarterly  installments  on  the  last 

days  of  September,  December,  March  and  June,  and  all 
annuities  granted  shall  date  from  the  first  day  of  the  quar- 
ter next  succeeding  the  dates  of  the  granting  of  such  annui- 
ties ;  but  if  the  funds  available  for  the  payment  of  any 
installment  shall  not  be  sufficient  to  pay  the  aggregate  of 
annuities  payable  under  this  article  in  any  quarter,  such 
annuities  shall  abate  pro  rata. 

242.  Any  teacher  upon  whom  the  provisions  of  this  arti-  Payment  to 
cle  shall  have  become  binding,  who  shall  have  contributed  have  resigned: 
to  the  fund  hereinafter  mentioned  for  five  years  or  more, 

and  who  shall  resign  his  or  her  position  as  teacher  or  shall 
be  otherwise  honorably  retired  from  such  position,  except  as 
hereinbefore  provided,  shall,  upon  application  within  three 
months  after  the  date  of  such  resignation  or  retirement 
be  entitled  to  receive  and  shall  receive  one-half  of  the  total 
amount  paid  by  him  or  her  into  said  fund  without  interest. 

243.  The  retirement  fund  herein  provided  for  shall  be  Fund,  how 

constituted. 

made  up  as  follows  : 

I.  One  per  centum  of  the  monthly  salaries  of  all  teachers  Percentage  of 
upon  whom  this  act  shall   have  become  binding  by  its  teachers. 
terms  who  shall  have  been  teaching  ten  years  or  less  at  the 
time  of  becoming  members  of  said  fund  ;  two  per  centum 
of  the  monthly  salaries  of  all  such  teachers  who  shall  have 
been  teachihg  more  than  ten  years  at  the  time  of  becoming 


•94 


SCHOOL  LAW. 


Proviso. 


Proviso. 


members  of  said  fund  ;  provided,  that  no  person  who  shall 
have  been  teaching  more  than  fifteen  years  shall  become  a 
member  of  said  fund  unless  he  or  she  shall  have  passed  a 
satisfactory  medical  examination  under  such  rules  as  the 
board  of  trustees  may  prescribe  ;  and  provided  further,  that 
a  teacher,  now  a  member  of  said  fund,  shall  not  be  required 
to  pay  more  than  one  per  centum  of  his  or  her  monthly 
salary  by  reason  of  the  fact  that  he  or  she  has  been  teach- 
ing more  than  ten  years.  The  said  per  centum  shall  be 
reserved  or  deducted  from  each  warrant  or  order  for  salary 
given  to  such  teacher  by  the  board  of  education  or  other 
officers  as  shall  be  required  by  law  to  give  such  warrants  or 
orders  to  such  teachers,  and  the  said  board  of  education  or 
other  officer  shall,  between  the  first  and  tenth  days  of  each 
and  every  calendar  month,  draw  their  warrants  for  the 
amount  so  reserved  and  deducted  during  the  preceding 
calendar  month  in  favor  of  the  township  collector,  city 
treasurer,  or  other  custodian  of  the  school  moneys  of  the 
district  or  school  in  which  such  teachers  shall  be  employed, 
and  the  said  township  collector,  city  treasurer  or  other  cus- 
todian shall,  immediately  upon  the  receipt  of  such  warrant 
or  order,  forward  to  the  State  Treasurer  the  amount  of 
money  named  in  such  warrant  or  order,  together  with  a  list 
of  the  names  of  the  said  teachers  ; 

II.  One  per  centum  of  all  annuities  paid  under  the  pro- 
visions of  this  article,  which  shall  be  deducted  and  with- 
held from  each  payment  made  to  any  annuitant ; 

III.  All  moneys  and  property  received   by  donation, 
legacy,  gift,  bequest,  devise  or  otherwise  for  or  on  account 
of  said  fund  ; 

IV.  All  interest  on  investments  and  other  moneys  which 
may  be  duly  and  legally  raised  for  the  increase  of  said  fund. 

244.  Said  board  of  trustees  shall  have  power  : 
I.  To  subpoena  witnesses  and  compel  their  attendance  to 
testify  before  it  in  all  matters  relating  to  the  operation  of 
this  article,  and  any  member  of  said  board  may  administer 
oaths  or  animations  to  such  witnesses  ; 

Make  rules,  &c.  II.  To  fix  the  salary  of  the  secretary  of  said  board,  and 
to  make  rules,  not  inconsistent  with  the  laws  of  this  state, 
for  their  own  government  and  for  carrying  out  of  the  pro- 
visions of  this  article ; 


Percentage  of 
annuities. 


Legacies,  &c. 


Interest  on 
investments. 


Powers  of 
board. 


SCHOOL   LAW.  95 

III.  To  draw  their  warrants  or  orders  upon  the  State  Draw  orders. 
Treasurer  for  the  payment  out  of  said  fund  of  all  annuities 

and  necessary  expenses  incurred  in  carrying  out  the  pro- 

visions of  this  article,   but  the  members  of   said  board, 

excepting  the  secretary,  shall  serve  without  compensation, 

but  said  members  shall  be  paid  the  necessary  expenses  in-  Expenses  of 

curred  by  them  as  members  of  said  board,  which  expenses 

shall  be  paid  in  the  same  manner  as  other  payments  shall 

be  made  from  said  fund  ; 

IV.  By   the  name  of    "The  Board  of  Trustees  of  the  Right  to  sue, 

&c 
Teachers'  Retirement  Fund"  to  sue  and  be  sued,  complain 

and  defend  in  any  court  of  law  or  equity  ; 

V.  To  have,  hold,  purchase,  sell,  assign  and  transfer  any  HOW  real 
of  the  securities  in  which  any  part  of  the  said  retirement 

fund  may  be  invested. 

245.  The  provisions  of  this  article  shall  be  binding  upon  who  may  be 
any  teacher  employed  at  the  time  of  the  passage  of  this  act  fund. 

in  any  of  the  schools  hereinabove  mentioned,  only  in  case 
he  or  she  shall  sign  and  deliver  to  the  board  of  education, 
board  of  trustees  or  other  body  by  whom  he  or  she  shall  be 
employed,  a  notice  in  substantially  the  following  form  : 
To  the  board  of  education  of  --  : 

You  are  hereby  notified  that  I  desire  to  avail  myself  of 
the  provisions  of  Article  XXVIII.  of  the  act  of  the  Legisla-  fund 
ture  entitled  "  An  act  -to  establish  a  system  of  public  in- 
struction (Revision  of  nineteen  hundred),"  and  that  I  do 
hereby  agree  to  be  bound  thereby  ; 
Dated  ---  ;  --  ; 

A  duplicate  of  said  notice  shall  be  sent  by  the  teacher 
signing  the  same  to  the  secretary  of  the  Board  of  Trustees 
of  the  Teachers'  Retirement  Fund. 

246.  Any  teacher  who  has  heretofore  signed  and  deliv-  Persons  who 
ered  the  notice  prescribed  in  an  Act  entitled  *  *A  supplement 


to  an  Act  entitled  'An  Act  to  establish  a  system  of  Public  members. 
Instruction  '  "  (Revision),  approved  March  twenty-seventh, 
one  thousand  eight  hundred  and  seventy-four,  which  sup- 
plement was  passed  March  eleventh,  one  thousand  eight 
hundred  and  ninety-six,  or  in  an  amendment  thereto  ap- 
proved March  twenty-fourth,  one  thousand  eight  hundred 
and  ninety-nine,  shall  become  bound  by  the  provisions  of 
this  article  and  shall  have  its  advantages  and  privileges 


96 


SCHOOL  LAW. 


Notice  by 
teacher  of 
change  of 
school. 


To  whom  this 
act  applies. 


Right  to  amend 
this  article. 


without  signing  or  delivering  any  other  notice,  and  shall  be 
deemed  to  have  accepted  the  provisions  of  this  article  by 
receiving  any  sum  of  money  as  salary  from  which  there 
shall  have  been  made  a  deduction  under  and  by  virtue  of 
the  provisions  of  this  article.  Any  person  who  is  not  now 
a  teacher  in  any  of  the  schools  hereinabove  mentioned  may 
become  bound  by  the  provisions  of  this  article,  and  have  its 
advantages  and  privileges,  by  signing  and  delivering  to  the 
board  of  education  or  other  body  by  whom  he  or  she  shall 
be  employed  a  notice  as  prescribed  in  this  article. 

247.  Any  teacher  who  shall  have  become  bound  by  the 
provisions  of  this  article,  and  who  shall  cease  to  teach  in 
the  district  or  school  in  which  he  or  she  was  teaching  at  the 
time  of  signing  and  delivering  the  notice  as  provided  in  this 
article,  and  who  shall  be  employed  as  a  teacher  in  any 
other   district  or  school,  shall  immediately  give  written 
notice  to  the  board  of  education  having  control  of  the  school 
in  which  he  or  she  shall  be  teaching  that  he  or  she  is  a 
member  of  the  Teachers'  Retirement  Fund,  and  said  notice 
shall  direct  that  the  prescribed  per  centum  of  his  or  her 
salary  be  deducted  and  forwarded  to  the  State  Treasurer. 
Such  teacher  shall  send  one  copy  of  said  notice  with  his  or 
her  address  to  the  secretary  of  the  Board  of  Trustees  of  the 
Teachers'  Retirement  Fund,  and  another  copy  of  said  notice 
to  the  State  Treasurer. 

248.  The  provisions  of  this  article  shall  apply  to  any 
principal  or  supervising  principal  who  shall  teach  or  be  em- 
ployed in  the  public  schools  of  this  state,  or  in  any  normal, 
model  or  reformatory  school  of  this  state,  or  in  any  other 
school  of  this  state  supported  either  wholly  or  in  part  by 
public  moneys  raised  under  the  authority  of  any  law  of  thi& 
state. 

249.  The  Legislature  hereby  reserves  the  right  to  at  any 
time  alter,  amend,  modify  or  repeal  this  article. 


SCHOOL  LAW.  97 

ARTICLE  XXIX. 

SCHOOL    CENSUS. 

250.  There  shall  be  taken  in  each  school  district  during  Annual  school 
the  month  of  May  in  each  year  on  the  blanks  and  in  the 

manner  prescribed  by  the  State  Superintendent  of  Public 
Instruction  an  exact  census  of  all  the  children  between  the 
ages  of  five  and  eighteen  years  who  shall  be  legal  residents 
of  such  district,  including  children  who  shall  be  inmates 
of  children's  homes  or  other  charitable  institutions.  All! 
children  who  may  be  absent  from  home  attending  colleges,, 
boarding-schools  and  private  seminaries  of  learning  shall  be 
included  in  the  census  list  of  the  district  in  which  their 
parents  or  guardians  shall  reside,  and  shall  not  be  included 
in  the  census  list  of  the  district  where  they  may  be  attend- 
ing such  institutions  of  learning. 

251.  Each  board  of  education  shall  appoint,  on  or  before  Enumerators, 
the  first  day  of  May  in  each  year,  suitable  persons  to  act  as 

school  census  enumerators,  but  not  more  than  one  enumer- 
ator shall  be  appointed  for  each  election  district  or  precinct 
in  the  city,  town,  township  or  borough  in  which  the  school 
district  shall  be  situated  ;  provided,  however,  that  in  case  Proviso; 
any  election  district  or  precinct  shall  not  lie  wholly  within 
the  boundaries  of  a  school  district,  the  enumerator  ap- 
pointed for  an  election  district  or  precinct  lying  wholly 
within  said  school  district  and  adjoining  the  fractional  por- 
tion of  an  election  district  or  precinct  lying  within  said 
school  district,  shall  be  appointed  to  make,  in  addition  ta 
making  an  enumeration  of  the  children  residing  within  the 
election  district  or  precinct  for  which  he  shall  have  been 
appointed,  an  enumeration  of  the  children  residing  in  said 
fractional  portion  of  the  adjoining  election  district  or  pre- 
cinct. 

252.  Each  enumerator  so  appointed  shall  personally  can-  Enumerators  to 
vass  the  school  district,  or  the  portion  thereof  for  which  he  superintend-6 
shall  have  been  appointed,  and  shall  report  to  the  State  e 
Superintendent  of  Public  Instruction,  on  the  blanks  fur- 
nished for  that  purpose  by  said  superintendent,  on  or  before 

the  tenth  day  of  June  next  succeeding  such  enumeration. 

7 


SCHOOL  LAW. 


Correction  of 
census. 


Said  report  shall  be  verified  by  the  oath  or  affirmation  of 
the  enumerator  that  the  same  is  correct  and  true  to  the  best 
of  his  knowledge  and  belief.  Said  enumerator  shall  file  a 
compensation,  copy  of  said  report  with  the  board  of  education.  For  tak- 
ing such  census  and  making  such  reports  the  enumerator 
shall  be  entitled  to  such  compensation,  not  exceeding  five 
cents  for  the  name  of  each  child  reported  by  him,  as  the 
board  of  education  may  allow,  which  compensation  shall  be 
paid  by  the  custodian  of  the  school  moneys  of  the  school 
district,  on  an  order  signed  by  the  president  and  district 
clerk  or  secretary  of  the  board  of  education,  but  such  order 
shall  not  be  issued  in  favor  of  any  enumerator  until  he 
shall  have  presented  a  certificate  from  the  State  Superin- 
tendent of  Public  Instruction,  stating  the  number  of  names 
for  which  said  enumerator  is  entitled  to  compensation. 

253.  When  satisfactory  evidence  shall  be  presented  to  the 
State  Superintendent  of  Public  Instruction  that  the  census 
of  any  district  or  of  any  portion  thereof  has  been  incorrectly 
taken  or  reported,  or  when  he  shall  have  reason  to  believe 
that  said  census  is  incorrect,  he  shall  return  the  report  to 
the  enumerator  for  correction.  Said  enumerator  shall  within 
fifteen  days  after  the  return  to  him  of  such  report,  correct 
or  verify  the  same,  and  within  such  period  return  said 
report  to  the  State  Superintendent  of  Public  Instruction. 
If  any  enumerator  shall  neglect  or  refuse  to  make  such  cor- 
rection as  shall  be  necessary  to  secure  an  accurate  census, 
the  State  Superintendent  of  Public  Instruction  shall  desig- 
nate a  suitable  person  to  act  as  enumerator  in  the  place  of 
the  enumerator  whose  report  shall  have  been  found  to  be 
incorrect.  The  person  so  appointed  shall  within  fifteen 
days  after  his  appointment  retake  said  census,  and  the  said 
census  so  retaken,  if  approved  by  said  State  Superintendent 
of  Public  Instruction  shall  be  deemed  the  census  of  such 
district,  and  shall  be  accepted  in  place  and  stead  of  the 
census  so  found  to  be  incorrect  The  person  or  persons 
appointed  by  the  State  Superintendent  of  Public  Instruction 
shall  receive  such  compensation  as  said  state  superintendent 
may  deem  proper,  not  exceeding  five  cents  for  the  name  of 
each  child,  which  compensation,  if  the  census  taken  by 
the  enumerator  or  enumerators  appointed  by  the  board 


When  new 
enumerator 
may  be  ap- 
pointed. 


Compensation. 


SCHOOL  LAW.  99 

of  education  was  incorrect,  shall  be  paid  by  the  custo- 
dian of  the  school  moneys  of  the  school  district  on  an 
order  signed  by  the  president  and  district  clerk,  or  secre- 
tary of  the  board  of  education,  upon  the  presentation  of  a 
•certificate  from  said  State  Superintendent  of  Public  Instruc- 
tion, stating  the  number  of  names  for  which  said  person  is 
entitled  to  compensation  ;  but  if  the  census  first  taken  shall 
be  found  to  be  correct,  then  and  in  that  case  the  compensa- 
tion for  retaking  the  census  shall  be  paid  by  the  state 
treasurer  on  warrant  of  the  state  comptroller,  on  bills  duly 
certified  to  him  by  the  State  Superintendent  of  Public  In- 
struction. 

ARTICLE   XXX. 

MISCELLANEOUS. 

254.  If  the  board  of  education  of  any  school  district  shall  j^Sj^J" 
use  any  of  the  school  money  received  by  it,  except  such  as  scfcoo1  moneys. 
shall  have  been  raised  within  the  district,  for  any  purpose 

other  than  the  payment  of  teachers'  salaries,  fuel  bills,  the 
transportation  of  pupils  and  the  tuition  of  pupils  attending 
schools  in  adjoining  districts,  there  shall  be  deducted  by  the 
County  Superintendent  of  Schools  from  the  next  annual 
apportionment  to  such  district  a  sum  equal  to  twice  the 
amount  thus  used,  and  said  County  Superintendent  of 
Schools  shall  apportion  the  money  thus  deducted  among  the 
other  districts  of  the  county  ;  provided,  that  the  State  Super- 
intendent of  Public  Instruction  may  remit  such  penalty. 

255.  Every  board  of  education  may  employ  a  conipetent  Appointment 

,        .    .  ,,       ,,    ,.      ,    T  i  •      ofmedical 

physician  to  be  known  as  the  Medical  Inspector,  fix  his  inspectors, 
salary  and  define  his  duties.  Said  Medical  Inspector  shall 
visit  the  schools  in  the  district  in  which  he  shall  be  em- 
ployed at  stated  times  to  be  determined  by  the  board  of 
education,  and  during  such  visits  shall  examine  every  pupil 
referred  to  him  by  a  teacher.  He  shall  at  least  once  during  Duties  of 
each  school  year  examine  every  pupil  to  learn  whether  any 
physical  defect  exists,  and  keep  a  record  from  year  to  year 
of  the  growth  and  development  of  such  pupil,  which  record 
shall  be  the  property  of  the  board  of  education  and  shall  be 
delivered  by  said  Medical  Inspector  to  his  successor  in  office. 
.Said  Inspector  shall  lecture  before  the  teachers  at  such 


100 


SCHOOL   LAW. 


Flags  to  be  pro- 
vided for 
school  houses. 


Interest  of  sur- 
plus revenue 
fund. 


Teachers'  in- 
stitutes. 


Nature  and 
effect  of  alco- 
hol and  narco- 
tics to  be 
taught. 


Examination 
in  physiology. 


times  as  may  be  designated  by  the  board  of  education,  in- 
structing them  concerning  the  methods  employed  to  detect 
the  first  signs  of  communicable  disease  and  the  recognized 
measures  for  the  promotion  of  health  and  prevention  of 
disease.  The  board  of  education  may  appoint  more  than 
one  Medical  Inspector. 

256.  Every  board  of  education  shall  procure  a  United 
States  flag,  flag-staff  and  the  appliances  therefor  for  each 
school  in  the  district,  and  shall  display  said  flag  upon  or 
near  the  public  school  building  during  school  hours  and  at 
such  other  times  as  said  board  may  deem  proper. 

257.  The  several  counties  in  this  state  shall  appropriate 
the  interest  of  the  surplus  revenue  to  the  support  of  the 
public  schools. 

258.  The  State  Superintendent  of  Public  Instruction  shall 
procure  instructors  and  lecturers  for  teachers'  institutes. 
To  defray  the  expenses  incurred  in  holding  said  institutes 
there  shall  be  paid  to  him  annually  by  the  State  Treasurer, 
upon  the  warrant  of  the  State  Comptroller,  a  sum  not  ex- 
ceeding four  thousand  dollars.     Said  State  Superintendent 
of  Public   Instruction   shall  make  annually  to  the  State 
Board  of  Education   an  itemized  report  of  the  expenses 
incurred  in  holding  said  teachers'  institutes  during  the  year 
for  which  said  report  shall  be  made. 

259.  The  nature  of  alcoholic  drinks  and  narcotics  and 
their  effects  upon  the  human  system  shall  be  taught  in  all 
schools  supported  wholly  or  in  part  by  public  moneys  as 
thoroughly  and  in  the  same  manner  as  other  like  branches 
shall  beiaught,  by  the  use  of  graded  text-books  in  the  hands 
of  the  pupils  when  other  branches  shall  be  thus  taught  and 
orally  only  in  the  case  of  pupils  unable  to  read.    In  the  text- 
books on  physiology  and  hygiene  the  space  devoted  to  the 
consideration  of  the  nature  of  alcoholic  drinks  and  narcotics 
and  their  effects  upon  the  human  system  shall  be  sufficient 
for  a  full  and  adequate  treatment  of  the  subject.    The  failure 
or  refusal  of  any  district  to  comply  with  the  provisions  of 
this  section  shall  be  sufficient  cause  for  withholding  from 
such  district  the  state  appropriation. 

260.  No  certificate  shall  be  granted  to  any  person  to  teach 
in  the  public  schools,  except  to  persons  applying  for  special 
certificates  to  teach  music,   drawing,   manual  training  or 
other  subjects  not  included  in  the  usual  school  curriculum,. 


SCHOOL   LAW.  101 

who  shall  not  have  passed  a  satisfactory  examination  in    ^ 
physiology  and  hygiene  with  special  reference  to  the  nature 
of  alcoholic  drinks  and  narcotics  and  their  effects  upon  the 
human  system. 

261.  The  day  in  each  year  known  as  Arbor  Day  shall  be  Arbor  day. 
suitably  observed  in  the  public  schools.     The  State  Super- 
intendent of  Public  Instruction  shall  from  time  to  time  pre- 
pare and  issue  to  schools  such  circulars  of  information, 
advice  and  instruction  with  reference  to  the  day  as  he  may 

deem  necessary. 

262.  In  all  public  schools  there  shall  be  held  on  the  last 
school  day  preceding  the  following  holidays,  namely,  Lin- 
coin's   birthday,    Washington's    birthday,    Decoration    or 
Memorial  day  and  Thanksgiving  day  and  on  such  other 
patriotic  holidays  as  shall  be  established  by  law,  appropriate 
exercises  for  the  development  of  a  higher  spirit  of  patriotism. 

263.  Whenever  an  execution  shall  be  issued  against  the  Payment  of 

judgments 

board  of  education  of  a  school  district  or  of  a  union-graded  against  a 

school  district. 

school  by  any  court  authorized  to  issue  the  same,  upon  a 
judgment  recovered  either  before  or  subsequent  to  the  pass- 
age of  this  act,  and  there  shall  be  found  no  property 
belonging  to  said  school  district  or  union-graded  school 
sufficient  to  satisfy  the  same  liable  to  be  levied. on,  then  the 
officer  authorized  to  execute  such  process  shall  serve  a  cer- 
tified copy  of  said  execution  upon  the  assessor  or  assessors 
of  the  taxing  district  or  districts  in  which  said  school  dis- 
trict or  union-graded  school  shall  be  situate,  and  also  upon 
the  collector  or  collectors  of  such  taxing  district  or  districts. 
Upon  receipt  of  such  copy  or  copies  such  assessor  or  asses-  Assessment  and 
sors  shall,  at  the  time  of  the  next  regular  assessment  of 
school  taxes,  assess  upon  the  inhabitants  of  said  school  dis- 
trict and  their  estates,  and  upon  the  taxable  property 
therein,  in  addition  to  the  regular  school  taxes,  the  amount 
due  upon  said  execution,  with  interest  thereon  to  the  time 
when  the  same  shall  be  paid  to  the  officer  serving  such  pro- 
cess and  the  collector  or  collectors  shall  levy  and  collect  the 
same,  and  said  amount,  when  collected,  shall  be  a  separate 
fund,  and  shall  be  paid  over  by  said  collector  to  the  officer 
who  shall  have  served  said  process. 

264.  The  school  year  shall  begin  on  the  first  day  of  July  school  year. 
and  end  on  the  thirtieth  day  of  June. 


102  SCHOOL  LAW. 

tioS°pria~  265-  No  m<>ney  shall  be  paid  from  the  state  treasury  for 

any  purpose  named  in  this  act  unless  an  appropriation 
therefor  shall  have  been  made  by  the  Legislature  in  the 
annual  appropriation  act. 

members  of  2^'  In  an7  school  district  which  is  not  situate  wholly  in 

Snsa°nderais-  a  municipality  divided  into  wards  nor  wholly  in  a  munici- 
moneysta cer    Palitv  not  divided  into  wards,  members  of  the  board  of 
tain  districts,     education  shall  be  selected  in  the  same  manner  in  all  re- 
spects as  they  are  selected  in  said  district  at  the  time  of  the 
passage  of  this  act,   and  moneys  for  the  maintenance  of 
public  schools  therein  shall  be  ordered,  assessed,  levied  and 
collected  in  the  same  manner  as  they  are  ordered,  assessed, 
levied  and  collected  therein  at  the  time  of  the  passage  of 
this  act. 

straed16"  c°n"  267'  Whenever  in  this  act  the  word  "article "  is  used,  it 
shall  be  construed  as  referring  to  the  caption  under  which 
it  is  used. 

Repealer.  268.  All  acts  and  parts  of  acts,  general,  special  and  local, 

so  far  as  they  are  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed,  and  all  school  districts  shall  here- 
after be  governed  solely  by  the  provisions  of  this  act. 
269.  This  act  shall  take  effect  immediately. 

An  Act  providing  for  the  establishment  of  schools  for  in- 
dustrial education,  approved  March  24,  1881. 

state  nppropri-       1.  Whenever  anv  board  of  education,  school  committee 

ation  for  Indus-  J  , 

trial  education,  or  other  like  body  of  any  city,  town  or  township  in  this 
state  shall  certify  to  the  governor  that  a  sum  of  money  not 
less  than  three  thousand  dollars  has  been  contributed  by 
voluntary  subscriptions  of  citizens,  or  otherwise  as  herein- 
after authorized,  for  the  establishment  in  any  such  city, 
town  or  township,  of  a  school  or  schools  for  industrial  edu- 
cation, it  shall  be  the  duty  of  the  said  governor  to  cause  to 
be  drawn,  by  warrant  of  the  comptroller,  approved  by  him- 
self, out  of  any  moneys  in  the  state  treasury  not  otherwise 
appropriated,  an  amount  equal  to  that  contributed  by  the 
particular  locality  as  aforesaid  for  the  said  object ;  and 
when  any  such  school  or  schools  shall  have  been  established 
in  any  locality  as  aforesaid,  there  shall  be  annually  con- 
tributed by  the  state,  in  manner  aforesaid,  for  the  mainte- 


SCHOOL  LAW.  103 

nance  and  support  thereof,  a  sum  of  money  equal  to  that 
contributed  each  year  in  said  locality  for  such  purpose ; 
provided,  however,  that  the  moneys  contributed  by  the  state  Proviso, 
as  aforesaid  to  any  locality,  shall  not  exceed  in  any  one 
year  the  sum  of  five  thousand  dollars. 

2.-  All  money  raised  and  contributed  as  aforesaid  shall 
be  applied  under  the  direction  of  the  board  of  trustees, 
organized  as  hereinafter  provided,  to  the  establishment  and  lbid'§2- 
support  of  schools  for  the  training  and  education  of  pupils 
in  industrial  pursuits  (including  agriculture),  so  as  to 
enable  them  to  perfect  themselves  in  the  several  branches 
of  industry  which  require  technical  instruction. 

3.  Any  city,  town  or  township  shall  have  power  to  ap-  Local  tax. 
propriate  and  raise  by  tax  for  the  support  of  any  such 
school  therein,  such  sum  of  money  as  they  may  deem  ex- 
pedient and  just. 

4.  There  shall  be  a  board  of  trustees  of  each  of  such  Trustees  of 

industrial 

schools,  which  shall  consist  of  the  governor  and  the  mayor  schools. 
or  other  chief  executive  officer  of  the  city,  town  or  town-  594,  \  i. 
ship  in  which  such  school  is  located,  as  ex-officio  members, 
and  eight  other  persons  to  be  chosen  and  appointed  by  the 
governor,  as  follows  :  within  thirty  days  after  the  passage 
of  this  act  the  governor  shall  choose  and  appoint  eight  per- 
sons, resident  in  the  city,  town  or  township  in  which  such 
school  is  located,  as  members  of  such  board  of  trustees  for 
the  following  terms  :  *  two  for  the  term  of  one  year,  two 
for  the  term  of  two  years,  two  for  the  term  of  three  years 
and  two  for  the  term  of  four  years  ;  and  thereafter  two 
trustees  shall  be  appointed  in  like  manner  each  year  for  a 
full  term  of  five  years  ;  and  the  official  terms  of  all  trustees 
in  office  at  the  time  of  the  passage  of  this  act  shall  termi- 
nate and  expire  upon  the  making  of  the  appointments  afore- 
said, and  the  trustees  appointed  hereunder  shall  take  office 
immediately  upon  their  appointment,  and  shall  continue 
in  office  until  their  successors  are  appointed,  and  any 
vacancy  that  may  occur  in  the  said  board  of  trustees  shall 
be  filled  by  appointment  in  like  manner  for  the  unexpired 
term  only  ;  the  said  board  of  trustees  shall  have  control  of  Powers, 
the  buildings  and  grounds  owned  and  used  by  such  schools, 
the  application  of  the  funds  for  the  support  thereof,  the 

*  Amended  by  section  6. 


104 


SCHOOL  LAW. 


Treasurer. 


Compensation. 


Term  of  office 
of  trustees. 
P.  L.  1596,  p. 
36,  gl. 


•Trustees  of 
industrial 
schools 
created  bodies 
-corporate. 
P.  L.  1890,  p. 

an,  1 1. 


regulation  of  the  tuition  fees,  the  appointment  and  removal 
of  teachers,  the  power  to  prescribe  the  studies  and  the  exer- 
cises of  the  school  and  rules  for  its  management,  to  grant 
certificates  of  graduation,  to  appoint  some  suitable  person 
treasurer  of  the  board,  to  frame  and  modify  at  pleasure 
such  by-laws  as  they  may  deem  necessary  for  their  own 
government ;  they  shall  report  annually  to  the  state  and 
local  boards  of  education  their  own  doings  and  the  progress 
and  condition  of  the  schools. 

5.  The  said  trustees  shall  receive  no  compensation  for 
their  services,  but  the  expenses  necessarily  incurred   by 
them  in  the  discharge  of  their  duties  shall  be  paid  upon 
the  approval  of  the  governor. 

6.  The  trustees  of  schools  for  industrial  education,  to  be 
hereafter  appointed  by  the  governor  of  this  state  for  full 
terms  under  and  by  virtue  of  the  acts  to  which  this  is  a 
supplement  or  the  supplements   thereto,   shall   serve  for 
terms  of  four  years  and  not  for  terms  of  five  years  as  now 
required  by  law. 

7.  The  board  of  trustees  of  the  schools  for  industrial  edu- 
cation, provided  for  and  organized  under  the  act  to  which 
this  is  a  supplement,  be  and  they  are  hereby  created  a  body 
•corporate  under  the  name  and  style  of  "  the  board  of  trus- 
rtees  of  schools  for  industrial  education, v  with  the  right  of 
perpetual  succession,  to  sue  and  be  sued,  to  purchase,  lease 
.and  hold  personal  and  real  property,  and  to  sell  and  mort- 
gage the  same,  and  with  power  to  accept  donations  and  be- 
quests of  money  and  property  to  be  used  for  the  purposes 
lor  which  said  boards  are  constituted  and  organized. 


Salaries  of 
teachers. 


An  Act  to  establish  the  compensation  to  be  paid  to  teachers 
and  principals  in  the  public  schools,  and  to  provide 
for  the  payment  thereof. 

BE  IT  ENACTED  by  the  Senate  and  General  Assembly  of  the 
.'State  of  New  Jersey  : 

1.  Teachers  hereafter  employed  in  any  graded  school  in 
this  state  supported  in  whole  or  in  part  by  state  moneys 
shall  receive  a  salary  proportioned  to  their  experience  and 
success  in  the  municipality  where  they  may  be  employed, 
such  salary,  in  the  case  of  every  teacher  whose  experience 


SCHOOL  LAW.  105 

and  success  have  been  properly  certified  to,  to  be  not  less 
than  the  amount  provided  for  such  teacher  in  the  following 
schedule  : 

Assistant  teachers  in  primary  and  grammar  schools  and 
kindergartens  : 

Less  than  two  years'  experience,  four  hundred  and  eight 
dollars  per  annum  ; 

Two  years'  and  less  than  three  years'  experience,  four 
hundred  and  fifty-six  dollars  per  annum  ; 

Three  years'  and  less  than  four  years'  experience,  five 
hundred  and  four  dollars  per  annum  ; 

Four  years'   and  less  than  five  years'  experience,   five 
hundred  and  fifty-two  dollars  per  annum  ; 

Five  years'  and  less  than  six  years'  experience,  six  hun- 
dred dollars  per  annum  ; 

Six   years'  and   less  than  seven  years'  experience,  six 
hundred  and  forty-eight  dollars  per  annum  ; 

Seven  years'  and  less  than  eight  years'  experience,  six 
hundred  and  ninety-six  dollars  per  annum  ; 

Eight  years'  and  less  than  nine  years'  experience,  seven 
hundred  and  forty-four  dollars  per  annum  ; 

Nine  years'  and  less  than  ten  years'  experience,  seven 
hundred  and  ninety-two  dollars  per  annum  ; 

Ten  years'  and  less  than  eleven  years'  experience,  eight 
hundred  and  forty  dollars  per  annum  ; 

Eleven  years'  and  less   than  twelve  years'  experience, 
eight  hundred  and  eighty-eight  dollars  per  annum  ; 

Twelve  years'   experience  and   upwards,  nine  hundred 
and  thirty-six  dollars  per  annum  ; 

Principals  of  schools  containing  grammar  and  primary 
departments  : 

Less  than  one  year's  experience  as  such  principal,  one 
thousand  eight  hundred  dollars  per  annum  ; 

One  year's  and  less  than  two  years'  experience,  one  thou- 
sand nine  hundred  dollars  per  annum  ; 

Two  years'  and  less  than  three  years'   experience,  two 
thousand  dollars  per  annum  ; 

Three  years'  and  less  than  four  years'  experience,  two 
thousand  one  hundred  dollars  per  annum  ; 

Four  years'   and  less  than  five  years'   experience,    two 
thousand  two  hundred  dollars  per  annum  ; 


106  SCHOOL  LAW. 

Five  years'  and  less  than  six  years'  experience,  two 
thousand  three  hundred  dollars  per  annum  ; 

Six  years'  and  less  than  seven  years'  experience,  two 
thousand  four  hundred  dollars  per  annum  ; 

Seven  years'  experience  and  upwards,  two  thousand  five 
hundred  dollars  per  annum  ; 

Principals  of  schools  containing  primary  departments 
only  : 

Less  than  one  year's  experience  as  such  principal,  one 
thousand  two  hundred  dollars  per  annum  ; 

One  year's  and  less  than  two  years'  experience,  one  thou- 
sand three  hundred  dollars  per  annum  ; 

Two  years'  and  less  than  three  years'  experience,  one 
thousand  four  hundred  dollars  per  annum  ; 

Three  years'  and  upwards,  one  thousand  five  hundred 
dollars  per  annum  ; 

Principals  of  primary  departments  shall  be  paid  at  the 
same  rate  as  principals  of  schools  containing  primary  de- 
partments only  ; 

Vice-principals,  head  assistants  and  first  assistants  of 
grammar  and  primary  departments  : 

Less  than  one  year's  experience  as  such  vice-principal, 
head  assistant  or  first  assistant,  nine  hundred  and  ninety  - 
six  dollars  per  annum  ; 

One  year's  and  less  than  two  years'  experience,  one  thou- 
sand and  fifty-six  dollars  per  annum  ; 

Two  years'  and  less  than  three  years'  experience,  one 
thousand  one  hundred  and  sixteen  dollars  per  annum  ; 

Three  years'  experience  and  upwards,  one  thousand  one 
hundred  and  seventy-six  dollars  per  annum  ; 

Assistant  teachers  in  high  schools,  male  assistants  : 

Less  than  one  year's  experience,  one  thousand  five  hun- 
dred dollars  per  annum  ; 

One  year's  and  less  than  two  years'  experience,  one  thou- 
sand six  hundred  dollars  per  annum,  and  for  each  year's 
experience  thereafter  at  an  additional  salary  of  one  hun- 
dred dollars  per  annum  to  not  less  than  the  sum  of  two 
thousand  four  hundred  dollars  per  annum  ; 

Female  assistants  in  high  schools  : 

Less  than  one  year's  experience,  seven  hundred  dollars 
per  annum,  and  for  each  year's  experience  thereafter,  at 


SCHOOL  LAW.  107 

. 

an  additional  salary  of  one  hundred  dollars  per  annum,  to 
not  less  than  the  sum  of  one  thousand  two  hundred  dollars 
per  annum ; 

Vice-principals  of  high  schools  : 

Less  than  one  year's  experience  two  thousand  dollars  per 
annum,  and  for  each  year's  experience  thereafter,  at  an 
additional  salary  of  one  hundred  dollars  per  annum,  to  not 
less  than  two  thousand  five  hundred  dollars  per  annum  ; 

Principals  of  high  schools  : 

Less  than  one  year's  experience  as  such  high  school 
principal,  two  thousand  five  hundred  dollars  per  annum  ; 

One  year's  and  less  than  two  years'  experience,  two  thou- 
sand six  hundred  dollars  per  annum  ; 

Two  years'  and  less  than  three  years'  experience,  two 
thousand  seven  hundred  dollars  per  annum  ; 

Three  years'  and  less  than  four  years'  experience,  two 
thousand  eight  hundred  dollars  per  annum  ; 

Four  years'  and  less  than  five  years'  experience,  two 
thousand  nine  hundred  dollars  per  annum  ; 

Five  years'  experience  and  upwards,  three  thousand  dol- 
lars per  annum  ; 

Model  teachers  in  model  departments  of  training  schools 
for  teachers  : 

In  addition  to  the  salaries  herein  provided  for  assistant 
teachers  of  primary  and  grammar  schools,  one  hundred  and 
fifty  dollars,  each,  per  annum  ; 

Critic  teachers  of  training  schools  for  teachers  : 

Two  hundred  dollars,  each,  per  annum,  as  extra  com- 
pensation ; 

Principal  of  primary  department  of  training  schools  for 
teachers  : 

Less  than  one  year's  experience,  one  thousand  five  hun- 
dred dollars  per  annum,  and  for  each  year's  experience 
thereafter  at  an  additional  salary  of  one  hundred  dollars 
per  annum,  to  not  less  than  the  sum  of  one  thousand  seven 
hundred  dollars  per  annum  ; 

Teachers  of  methods  or  supervisor  of  methods  of  training 
schools  for  teachers  : 

Less  than  one  year's  experience,  one  thousand  five  hun- 
dred dollars  per  annum,  and  for  each  year's  experience 
thereafter,  at  an  additional  salary  of  one  hundred  dollars 


108 


SCHOOL  LAW. 


proviso. 


•Proviso. 


Moru 

raisei 


how 


Referendum. 


per  annum,   to   not  less   than   two  thousand  dollars   per 
annum  ; 

Principals  of  training  schools  for  teachers  : 
Less  than  one  year's  experience,  two  thousand  five  hun- 
dred dollars  per  annum,  and  for  each  year's  experience 
thereafter,  at  an  additional  salary  of  one  hundred  dollars 
per  annum,  to  not  less  than  three  thousand  dollars  per 
annum  ;  provided,  that  if  the  annual  salary  of  any  teacher 
now  employed  in  any  graded  school  of  any  municipality  is 
less  than  the  amount  required  to  be  paid  to  such  teacher 
by  the  preceding  schedule,  the  salary  of  such  teacher  shall, 
if  such  teacher's  experience  is  approved  as  successful,  be 
increased  by  adding  thereto  annually,  beginning  with  the 
first  day  of  the  fiscal  year  next  succeeding  the  adoption  of 
this  act  in  the  manner  provided  in  section  three  of  this  act,  a 
sum  equal  to  the  annual  increase  provided  in  the  preceding 
schedule  for  the  class  to  which  such  teacher  belongs,  until 
such  teacher's  salary  shall  be  in  accordance  with  the  sched- 
ule ;  and  provided  further,  that  the  annual  salary  paid  to 
any  principal  or  vice-principal  hereafter  appointed  shall 
not  exceed  the  annual  salary  paid  at  the  time  such  appoint- 
ment is  made  to  principals  and  vice-principals  of  the  same 
class  respectively,  and  that  the  salary  of  every  such  ap- 
pointee shall,  if  the  experience  of  such  appointee  proves  to 
be  successful,  be  increased  annually  by  the  amount  and  in 
the  manner  described  in  this  section,  until  the  salary  of 
such  appointee  shall  be  in  accordance  with  the  preceding 
schedule. 

2.  The  moneys  necessary  to  pay  said  salaries  shall  be 
raised  and  appropriated  in  the  same  manner  as  other  muni- 
cipal expenditures  are  provided  for. 

3.  The  board  of  aldermen,  or  common  council  of  any 
municipality  of  this  state,  may,  by  resolution,  submit  the 
question  of  the  acceptance  or  rejection  of  this  act  to  the 
voters  of  such  city  at  any  general  or  charter  election  to  be 
held  therein,  whereof  at  least  ten  days'  notice  shall  be  given 
by  public  advertisement  in  two  daily  newspapers  of  this 
state,  circulating  in  such  municipality,  and  if  a  majority  of 
those  who  shall  vote  for  the  acceptance  or  rejection  thereof 
shall  be  in  favor  of  the  acceptance  of  this  act,  then  this  act 
shall  go  into  effect  at  the  commencement  of  the  then  next 


SCHOOL  LAW.  109' 

fiscal  year  in  such  municipality,  and  the  grant  of  power 
herein  made  shall  be  deemed  to  be  accepted  by  such  muni- 
cipality, and  such  municipality  shall  be  bound  by  the  terms 
of  this  act ;  persons  entitled  to  vote  at  any  election  where 
this  question  is  submitted  to  them  shall  express  their  assent 
or  rejection  of  this  act  in  the  manner  provided  in  "An  act 
to  regulate  elections"  (Revision  of  1898)  ;  there  shall  be 
a  canvass  on  return  of  the  votes  upon  the  question  of  ac- 
ceptance or  rejection  of  this  act  made  by  the  election  officers 
in  the  same  way  and  manner  as  for  officers  voted  for  at  such 
election,  and  if  a  majority  of  the  ballots  shall  be  found  to 
be  in  favor  of  the  acceptance  of  this  act  it  shall  then,  but 
not  otherwise,  go  into  effect  and  be  binding  upon  said 
municipality  wherein  such  vote  shall  be  taken. 

4.  This  act  shall  take  effect  immediately. 

Passed  March  23,  1900. 

An  Act  to  provide  free  lectures  for  workingmen  and  work- 
ingwomen,  approved  February  25,  1895. 

1.  The  boards  of  education  in  cities  of  this  state  or  other  Boards  of 
municipalities   containing   over  ten   thousand   population  provide, 
according  to  the  last  census  are  hereby  authorized  and  em- 
powered to  provide  for  the  employment  of  lecturers  on  the 
natural  sciences  and  kindred  subjects  in  the  public  schools 

in  any  city  or  other  municipality,  in  the  evenings,  for  the 
benefit  of  workingmen  and  workingwomen. 

2.  The  said  boards  of  education  shall  have  the  power  to  Purchase 
purchase  books,  stationery  and  other  things  necessary  and  apparatus,  &<^ 
expedient  to  successfully  conduct  said  lectures,  which  it 

shall  have  the  power  to  direct. 

3.  No  admission  fee  shall  be  charged,  and  at  least  one  NO  admission- 
school  in  each  ward  or  subdivision  of  each  city  or  munici-  charged, 
pality,  where  practicable,  shall  be  designated  by  the  said 

board  of  education  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  act,  and  at  least  one  lecture  shall  be  delivered 
during  each  of  the  months  of  October,  November,  Decem- 
ber, January,  February  and  March  in  each  year,  which 
shall  be  advertised  in  a  daily  or  weekly  paper  published 
in  said  city  or  municipality  at  least  ten  days  in  advance  of 
the  delivery  thereof. 


110 


SCHOOL  LAW. 


Appointment 

of  students  for 

agricultural 

.college. 

P.  L.  1867,  p. 

860,  f  27. 


Additional  free 
scholarships. 
P.  L.  1890,  p. 
161,  1 1. 


Students  from 
each  assembly 
district. 


Students  may 
be  received  on 
vacant  scholar- 
ships. 


AGRICULTURAL   COLLEGE. 

1.  It  shall  be  the  duty  of  the  county  superintendent,  at 
such  time  and  place  as  the  state  superintendent  may  ap- 
point, to  examine  such  candidates  for  state  scholarships  at 
the  agricultural  college  as  may  present  themselves,  and  the 
candidates  shall  be  subjected  to  such  examination  as  the 
faculty  of  the  said  college  and  the  state  superintendent  shall 
prescribe  ;  and  the  candidates  who  shall  receive  certificates 
of  appointment  to  the  agricultural  college  in  any  one  county 
shall  be  those  who  obtain,  on  such  examination,  the  highest 
average  for  scholarship ;  and  the  number  of  certificates  thus 
granted  shall  in  no  case  exceed  the  number  of  state  scholar- 
ships to  which  such  county  is  entitled.* 

2.  In  order  that  students  in  all  schools  in  all  parts  of  the 
state  may  receive  the  stimulus  afforded  by  the  opportunity 
to  pursue  the  courses  of  study  in  the  state  agricultural  col- 
lege, and  in  order  to  enable  said  state  agricultural  college 
to  furnish  instructions  gratuitously  to  students,  residents 
of  this  state,  in  its  several  courses  of   study,  as  special 
courses  of  advanced  study  in  the  public  school  system  of 
this  state,  there  shall  be  sent  to  the  said  college  students 
to  the  number  of  one  each  year  from  each  assembly  district 
of  this  state,  to  be  selected  and  designated  as  hereinafter 
provided,  who  shall  receive  gratuitous  instruction  in  any 
or  all  of  the  prescribed  branches  of  study  in  any  of  the 
courses  of  study  of  said  state  college,  under  the  general 
powers  of  supervision  and  control  possessed  by  the  board 
of  visitors  of  said  state  college ;  said  students  so  received 
shall  be  residents  of  this  state  and  shall  be  admitted  into 
said  state  college  upon  the  terms  and  subject  to  the  rules 
and  discipline  which  shall  apply  to  all  the  free  students  of 
said  state  college,  and  if  there  should  be  more  than  one 
suitably-prepared  applicant  from  the  same  assembly  district 
in  the  same  year,  such  additional  applicant  may,  in  the 
discretion  of  the  board  of  visitors  of  the  said  state  agricul- 
tural college,  be  received  upon  any  vacant  scholarships  of 
any  other  assembly  districts  until  such  districts  shall   re- 

*Each  county  is  entitled  to  as  many  students  as  it  has  representatives  in  the 
legislature.    P.  L.  1864,  Chap.  CCCLXIX.,  §  10. 


SCHOOL  LAW.  Ill 

quire  such  scholarships,  after  notice  has  been  served  upon 
the  superintendent  of  education  of  the  county  in  which 
such  vacant  assembly  districts  are  situated. 

3.  Said  students  shall  be  selected  as  follows  :  a  competi-  Examination 

for  scholar- 

tive  examination  under  the  direction  of  the  city  superin-  ^ips. 
tendents  and  the  county  superintendent  of  education  in 
each  county,  shall  be  held  at  the  county  court-house  in 
each  county  of  the  state,  upon  the  first  Saturday  in  June 
in  each  year,  and  the  necessary  traveling  expenses  of  said 
examiners,  not  otherwise  provided  for  by  law,  on  the  ap- 
proval of  the  president  and  secretary  of  the  board  of  visitors 
of  said  state  agricultural  college,  shall  be  paid  by  said  state 
college  ;  students  who  apply  for  examination  shall  be  ex- 
amined upon  such  subjects  as  may  be  designated  by  the 
faculty  of  said  college,  and  the  state  board  of  education, 
and  the  said  city  and  county  superintendents  shall  report 
to  the  president  of  said  college  and  the  state  superintendent 
of  public  instruction  the  names  of  all  such  students  exam- 
ined as  in  their  opinion  are  suitably  prepared  to  enter  said 
college,  with  their  estimate  of  the  order  of  excellence  in 
scholarship  shown  by  said  students  at  such  preliminary 
examination  ;  certificates  of  appointment  to  the  state  agri- 
cultural  college  shall  be  issued  by  the  state  superintendent 
of  public  instruction  to  all  such  students  as  are  so  found  to 
be  qualified  to  enter  said  college,  and  in  case  the  vacant 
scholarships  shall  not  be  sufficient  to  receive  all  successful 
candidates,  preference  to  appointing  to  vacant  scholarships 
shall  be  given  to  successful  candidates  in  the  order  of  the 
excellence  of  their  examination  as  certified  by  said  superin- 
tendents, and  in  general  the  regulations  and  provisions  gov- 
erning the  conduct  of  such  examinations  and  the  appoint- 
ment of  said  students  to  scholarships  shall  be  subject  to 
the  control  of  said  board  of  visitors  of  said  college. 

4.  Each  student  so  appointed  and  admitted  to  said  col-  students  ap- 
lege  shall  be  regarded  as  holding  a  state  scholarship,  and 


for  each  scholarship  so  held  there  shall  be  paid  as  herein-  ibid?,'|  3. 

after  provided,  on  the  first  day  of  November  in  each  year,  Appropriation 

to  the  treasurer  of  said  college,  the  same  sum  of  money  as  state  school 
the  said  college  is  entitled  to  receive  for  each  scholarship 
established  in  said  college  under  the  existing  state  agricul- 

tural college  fund  ;  provided,  that  such  payment  shall  be  Proviso. 


112 


SCHOOL  LAW. 


President  of 
£ify?umberof 

(students. 

ibid.,  §4. 


with  Sate  med 
comptroller. 


made  only  out  of  the  income  of  the  fund  for  the  support  of 
public  free  schools  remaining  after  appropriations  hereto- 
fore made  payable  out  of  said  income  are  met. 

5.  In  order  to  ascertain  the  number  of  scholarships  for 
which  payment  shall  be  made  as  aforesaid,  the  president  of 

.  ,        ,,  in.       ,-,  ,1       ..    /^    ,    ,  .  I 

said  college  shall,  in  the  month  of  October,  in  each  year, 
make  his  certificate  in  writing,  setting  forth  the  names  of 
the  students  so  as  aforesaid  appointed  and  then  in  attend- 
ance at  said  college,  the  assembly  districts  from  which  they 
were  appointed  and  the  classes  in  college  in  which  they 
belong,  or  the  special  courses  of  study  which  they  are  pur- 
suing, which  certificate,  when  approved  by  the  president 
of  the  board  of  visitors  of  the  state  agricultural  college, 
shall  be  plenary  evidence  of  the  number  of  scholarships  for 
which  payment  shall  be  made,  and  on  filing  the  same  with 
tne  comptroller  of  the  state  he  shall  draw  his  warrant  upon 
^he  treasurer  of  the  school  fund  for  the  sum  of  money  to 
which  the  said  college  may  accordingly  be  entitled,  and  the 
said  treasurer  shall  thereupon  pay  the  same  as  aforesaid. 


injury  to 
ornd^sturrb 


Penalty. 


Extract  from  an  act  entitled  "An  act  concerning  disorderly 
persons"  (Revision  of  1875). 

7.  Any  person  who  shall  enter  the  buildings  or  go  upon 
the  lands  belonging  to  any  public  school  district  of  this 
state,  or  used  and  occupied  for  school  purposes  by  any 
public  school  in  this  state,  and  shall  break,  injure  or  deface 
such  building  or  any  part  thereof,  or  the  fences  or  outhouses 
belonging  to  or  connected  with  such  building  or  lands,  or 
shall  disturb  the  exercises  of  such  public  school,  or  molest 
or  give  annoyance  to  the  children  attending  such  school, 
or  any  teacher  therein,  shall  be  deemed  and  adjudged  to 
be  a  disorderly  person,  and  may  be  apprehended  in  the 
manner  hereafter  prescribed  in  this  act,  and  taken  before 
any  justice  of  the  peace  of  the  county  where  such  person 
may  be  apprehended  ;  and  it  shall  be  the  duty  of  the  said 
justice  to  commit  such  disorderly  person,  when  convicted 
before  him  by  the  confession  of  the  offender,  or  by  the 
oath  or  affirmation  of  one  or  more  witness  or  witnesses,  to 
the  county  jail  of  such  county,  there  to  be  kept  at  hard 
labor  for  any  term  not  exceeding  thirty  days. 


SCHOOL  LAW. 

Extracts  from  an  act  entitled  '  'An  act  for  the  punishment 
of  crimes"  (Revision  of  1898). 

28.  Any  member  or  officer  of  any  state,  county  or  city  JggJ1^ for 
government,  or  any  member  of  any  public  board,  association 

or  commission,  who  shall  hereafter  solicit  or  receive,  either 
directly  or  indirectly,  any  money  or  valuable  thing,  reward 
or  commission  for  his  vote  in  the  appointment  or  selection 
of  any  person  or  persons  to  any  position  in  any  department 
of  any  public  body  aforesaid,  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  punished  accordingly,  and  be  forever 
thereafter  disqualified  from  holding  any  office  of  profit, 
trust  or  emolument  in  this  state. 

29.  Any  employe  or  person  having  the  whole  or  partial 
control  or  management  of  any  institution,  the  moneys  for 

the  support  of  which  are  drawn  in  whole  or  in  part  from  8UPPlies- 
the  treasury  of  the  state  or  of  any  county  or  city  thereof, 
shall  be  directly  or  indirectly  interested  in  furnishing  any 
goods,  chattels,  supplies  or  property  of  any  kind  whatsoever, 
to  or  for  the  use  of  any  such  institution,  shall  be  guilty  of 
a  misdemeanor. 

30.  Any  person  who  shall  directly  or  indirectly  give,  or  Penalty  for 
receive,  or  promise,  contract  or  agree  to  give  or  receive,  any 

sum  or  sums  of  money,  or  any  goods,  chattels,  gift,  lands 
or  real  estate,  or  any  other  thing,  present  or  reward  whatso- 
ever, to  secure  or  obtain,  or  to  give  out  or  grant  the  print- 
ing of  blanks,  notices,  advertisements,  or  any  other  printing, 
or  any  other  work  or  thing,  connected  with,  or  in  or  apper- 
taining to,  any  office  or  department  of  the  government  of 
this  state,  or  any  office  or  department  of  the  government 
of  any  county,  city,  town,  township,  borough  or  other 
place  in  this  state,  shall  be  guilty  of  a  misdemeanor. 

31.  Any  board  of  chosen  freeholders  or  any  township  Penalty  for 
committee,  or  any  board  of  aldermen  or  common  council- 

men,  or  any  board  of  education,  or  any  board  of  commis- 
sioners of  any  county,  township,  city,  town  or  borough  in 
this  state,  or  any  committee  of  any  such  board  or  commis- 
sion which,  or  any  member  thereof  who  shall  disburse, 
order  or  vote  for  the  disbursement  of  public  moneys,  in 
excess  of  the  appropriation  respectively  to  any  such  board 
or  committee,  or  which  board  or  committee,  or  any  mem- 
ber thereof,  who  shall  incur  obligations  in  excess  of  the 


114 


SCHOOL  LAW. 


Proviso. 


Penalty  for 
public  officer 
being  con- 
cerned in  any 
public 
•contract. 


banner  of 
.-advertising 
and  receiving 
proposals. 


appropriation  and  limit  of  expenditure  provided  by  law  for 
the  purpose  respectively  of  any  such  board  or  committee 
thus  disbursing,  ordering  or  voting  for  the  disbursement 
and  expenditure  of  public  moneys,  or  thus  incurring  obli- 
gations in  excess  of  the  amount  appropriated  and  limit  of 
expenditure  as  now  or  hereafter  appropriated  and  limited 
by  law,  shall  be  jointly  or  severally  guilty  of  a  misde- 
meanor ;  provided,  nothing  herein  shall  prevent  any  board 
of  education  from  keeping  open  the  public  schools. 

32.  Any  member  of  any  board  of  chosen  freeholders,  or 
any  township  committee,  or  any  board  of  aldermen  or  com- 
mon council,  or  any  board  of  education  or  school  trustees 
in  any  city,  or  any  board  of  commissioners  of  any  county, 
township,  city,   town,  borough  or  school  district  in  this 
state,  who  shall  be  directly  or  indirectly  concerned  in  any 
agreement  or  contract  for  the  construction  of  any  bridge  ;or 
building  of  any  kind   whatsoever,   or  any  improvement 
whatever  to  be  constructed  or  made  for  the  public  use  or  at 
public  expense,  or  shall  be  a  party  to  any  contract  or  agree- 
ment, either  as  principal  or  surety,  between  the  county, 
township,  city,   town,   borough  or  school  district,  as  the 
case  may  be,  and  any  other  party,  or  shall  be  directly  or 
indirectly  interested  in  furnishing  any  goods,  chattels,  sup- 
plies or  property  of  any  kind  whatsoever,  to  or  for  the 
county,  township,  city,  town,  borough  or  school  district, 
the  contract  or  agreement  for  which  is  made,  or  the  expense 
or  consideration  of  which  is  paid,  by  the  board,  council  or 
committee  of  which  such  member  is  a  part,  shall  be  guilty 
of  a  misdemeanor. 

33.  When  bids  or  proposals  for  supplies  or  for  public 
works  or  buildings  or  other  public  purposes  are  asked  for 
by  boards  of  managers  having  charge  of  any  of  the  public 
institutions  of  this  state,  or  by  boards  of  freeholders,  com- 
mon councils,  boards  of  works  or  other  bodies  having  con- 
trol of  the  counties,  cities  or  other  municipal  bodies  of  this 
state  or  any  department  of  the  same,  or  any  committees 
representing  such  boards  or  bodies,  such  boards  or  bodies 
or  committees  shall  proceed  in  the  manner  following,  to 
wit  :  said  boards  or  governing  bodies  or  committees  shall 
give  public  notice  at  the  time  such  bids  or  proposals  are 
advertised,  of  the  time  and  place  when  such  bids  or  pro- 


SCHOOL  LAW.  115 

posals  shall  be  received,  and  at  such  time  and  place  the 
said  board  or  governing  body  or  committee,  being  in  ses- 
sion, shall  receive  such  bids,  and  thereupon  immediately 
proceed  to  unseal  the  same  and  publicly  announce  the  con- 
tents in  the  presence  of  the  parties  bidding  or  their  agents, 
providing  said  parties  or  agents  choose  to  be  then  and  there 
present,  and  also  make  proper  record  of  the  prices  and 
terms  upon  the  minutes  of  the  body  ;  no  bids  shall  be  re- 
•ceived  previous  to  the  hour  designated  in  the  public  notice, 
and  none  shall  be  received  thereafter ;  and  any  failure  to 
•comply  with  the  provisions  hereof  shall  be  a  misdemanor. 

An  Act  for  the  creation  of  a  state  board  of  children's  guard- 
ians, and  for  defining  their  duties  and  powers  with 
respect  to  the  maintenance,  care  and  general  supervi- 
sion over  indigent,  helpless,  dependent,  abandoned, 
friendless  and  poor  children  now  or  hereafter  to  be- 
some  public  charges  of  this  state,  approved  March  24, 
1899. 

BE  IT  ENACTED  by  the  Senate  and  General  Assembly  of  the 
"State  of  New  Jersey  : 

1.  There  shall  be  appointed  by  the  governor  seven  per-  ^children's 
sons,  two  of  whom  shall  be  women,  who  shall  be  known  as  pSfnfnfwft'ami 
the  state  board  of  children's  guardians,  two  of  whom  shall  u 

'hold  office  for  two  years,  two  for  four  years  and  three  for 

•six  years,  as  shall  be  indicated  by  the  governor  on  making 

their  appointment,  and  thereafter  all  appointments,  except 

to  fill  vacancies  in  the  said  board,  shall  be  for  six  years, 

and  shall  be  made  by  the  governor  ;  said  board  shall  receive  Expenses  met. 

010  compensation  for  their  time  or  services  but  the  actual 

.•and  necessary  expenses  of  each  of  them  while  engaged  in 

ihe  performance  of  the  duties  of  his  or  her  office. 

2.  In  case  of  the  death  or  resignation  of  any  member,  or  vacancies, 
in  case  any  member  ceases  to  be  a  resident  or  citizen  of  this 

state,  it  shall  be  the  duty  of  the  governor  to  fill  such  vacancy 
for  the  unexpired  term  only,  and  any  member  may  be  re- 
moved by  the  governor  for  cause. 

3.  Said  board  of  children's  guardians  shall  have  and  it  Power  and 

.     ,         ,  .     ,       ,A,  ,  ,  duty  of  board. 

is  hereby  vested  with  power  to  adopt  a  seal  and  reasonable 


116 


SCHOOL  LAW. 


Further  duty. 

Chap.  84. 

P.  L.  19CO,  \  1. 


Proviso. 


Proviso. 


rules  and  regulations  ;  said  board  of  children's  guardians 
shall  have  the  care  of  and  maintain  a  general  supervision 
over  all  indigent,  helpless,  dependent,  abandoned,  friend- 
less and  poor  children  who  may  now  be  or  who  may  here- 
after become  public  charges  ;  and  said  board  shall  have  the 
care  of  and  maintain  supervision  over  all  children  adjudged 
public  charges,  who  may  now  be  in  the  charge,  custody  and 
control  of  any  county  asylum,  county  home,  almshouse, 
poorhouse,  charitable  institution,  home  or  family  to  which 
such  child  or  children  may  be  or  have  been  committed, 
confined,  adopted,  apprenticed,  indentured  or  bound  out ;: 
said  board  shall  have  and  is  hereby  vested  with  power  to 
appoint  such  agents,  one  being  a  woman,  and  other  sub- 
ordinate officers  as  it  may  deem  necessary  ;  said  board  shall 
fix  their  compensation,  subject  to  the  approval  of  the  gov- 
ernor, and  the  amount  paid  for  compensation  of  such  agents 
and  other  officers  shall  not  exceed  the  sum  appropriated  by 
the  legislature  for  the  purpose. 

4.  It  shall  be  the  duty  of  the  state  board  of  children's- 
guardians,  upon  receiving  notice  of  the  commitment  of  the 
child  as  a  public  charge,  to  place  such  child  in  the  care  of 
some  family  within  this  state,  with  or  without  the  payment 
of  board,  and  with  or  without  indenture  ;  and  it  shall  fur- 
ther be  the  duty  of  such  state  board  of  children's  guardians 
to  place  such  child  in  the  care  of  a  family  of  the  religious 
faith  of  the  parent  or  parents  of  such  child,  and  during  the 
period  in  which  the  state  board  of  children's  guardians  is- 
seeking  such  family  for  such  child,  and  until  such  family 
is  secured  as  hereinbefore  provided,  it  shall  be  the  duty  of 
the  state  board  of  children's  guardians  to  place  such  child 
in  the  custody  and  care  of  an  institution  in  this  state  for 
the  care  of  children  ;  provided,  that  the  institution  in  which 
the  child  is  placed  shall  be  one  maintained  for  children  of 
the  religious  faith  of  the  parent  or  parents  of  such  child 
when  such  an  institution  exists  therein  ;  in  case  no  institu- 
tion of  such  religious  faith  exists  in  this  state,  then  the  said1 
board  of  children's  guardians  shall  use  its  discretion  in 
providing  an  institution  for  the  care  of  such  child  until  a 
family  has  been  secured  ;  provided,  that  nothing  in  this  act 
contained  shall  be  construed  as  giving  such  state  board  any 
control  over  or  supervision  of  any,  child  heretofore  or  here- 


SCHOOL  LAW.  117 

after  placed  in  or  bound  out  by  any  home  or  institution 
created  under  the  laws  of  this  state,  and  supported  or  main- 
tained without  assistance  from  the  state  or  any  municipality 
thereof,  or  of  any  child  heretofore  or  hereafter  duly  com- 
mitted to  a  duly  incorporated  charitable  institution  in  this 
state  by  virtue  of  an  act  approved  March  twenty-fifth,  anno 
domini  one  thousand  eight  hundred  and  eighty-one,  en- 
titled "A  supplement  to  an  act  entitled  'An  act  for  the 
settlement  and  relief  of  the  poor'  (Revision),  approved 
March  twenty-seventh,  one  thousand  eight  hundred  and 
seventy-four. ' ' 

5.  It  shall  be  the  duty  of  the  state  board  of  children's  visitations, 
guardians  to  visit,  by  its  agent  or  agents,  quarterly,  all 
children  who  may  be  committed  under  this  act,  and  also 

any  home,  asylum,  institution  or  private  family  where  any 
such  child  or  children  may  be  placed  ;  said  board  shall  re-  Reports, 
port  from  time  to  time  to  the  governor,  and  make  a  yearly 
report  to  the  governor  and  legislature  of  the  state,  showing 
in  detail  the  work  of  said  board  for  that  time. 

6.  The  county  board  of  chosen  freeholders  of  the  respec- 
tive  counties  of  this  state  shall  annually  hereafter  provide 
sufficient  funds  for  the  objects  of  this  act  in  their  respective 
counties  for  the  support,  care  and  education  and  mainte- 
nance of  any  child  or  children  adjudged  to  be  a  public 
•charge,  and  who  shall  become  thereby  wards  of  the  state 
board  of  children's  guardians  ;  said  sum  shall  not  be  less 
than  one  dollar  and  fifty  cents  per  week  for  each  child. 

7.  It  shall  be  the  duty  of  the  proper  officers  in  any  county, 
township,  borough,  city,  or  other  municipality  in  any  county  annual  budget, 
in  the  state  having  jurisdiction  to  provide  in  their  annual 

budget  for  the  expense  of  maintaining  such  children  as 
aforesaid  ;  said  sum  not  to  be  less  than  one  dollar  and  fifty 
-cents  per  week  for  each  child. 

8.  It  shall  be  the  duty  of  every  overseer  of  the  poor  or  Duty  of  over- 
other  officer  in  any  county,  city,  township,  borough  or  8( 

other  municipality  in  any  county  in  the  state  having  juris- 
diction and  power  to  do  so,  to  commit  such  child  or  chil- 
dren to  the  care  of  the  keeper  of  the  almshouse,  or  such 
other  institution  where  he  would  commit  such  child  or 
children,  for  the  term  of  thirty  days  after  the  date  of  such 
•commitment ;  thereupon  he  shall  forthwith  give  a  written 


118 


SCHOOL  LAW. 


Wards  of  state 
guardians. 


Children 
placed  as  soon 
as  possible. 


Return 
children  to 
parents. 


Until  effective 
organization  is 
completed. 


Remain  as 
guardians. 


Act,  how 

construed. 


notice  of  such  commitment  to  the  state  board  of  children's 
guardians,  which  notice  shall  contain  a  description  of  such 
child,  or  children,  embracing  its  or  their  name,  age,  sex, 
religion,  faith  of  its  or  their  parent  or  parents,  date  of  com- 
mitment and  such  other  information  as  such  officer  has 
been  able  to  ascertain  ;  upon  such  commitment  being  made 
by  such  officer  as  aforesaid,  such  child  or  children  shall 
immediately  become  the  ward  or  wards  of  the  state  board 
of  children's  guardians. 

9.  It  shall  be  the  duty  of  the  state  board  of  children's 
guardians,  upon  receipt  of  the  notice  of  the  commitment  of 
any  child  as  hereinbefore  provided,  to  place  such  child  or 
children  in  the  manner  hereinbefore  provided  as  soon  as 
possible  thereafter  ;  and  in  no  case  shall  said  child  or  chil- 
dren who  may  hereafter  be  committed  as  public  charges, 
who  may  be  over  the  age  of  twelve  months,  be  confined  in 
such  almshouse  for  a  longer  period  than  thirty  days,  and 
the  keeper  of  such  almshouse  shall  surrender  such  child  or 
children  to  the  care  and  custody  of  the  state  board  of  chil- 
dren's guardians  at  any  time  within  thirty  days,  when  sur- 
render is  demanded. 

10.  The  state  board  of  children's  guardians  may,  in  its 
discretion,  return  any  child  or  children  becoming  wards  of 
said  state  board  to  the  parent  or  parents  or  other  relative 
agreeing  to  assume  the  care  and  maintenance  of  such  child 
or  children  or  of  sufficient  ability  to  do  so. 

11.  The  state  board  of  children's  guardians  may,  in  their 
discretion,  for  the  purpose  of  effective  organization,  require 
the  continuance  of  children  in  almshouses  or  other  places 
where  such  children  may  be  kept  for  a  period  not  longer 
than  six  months  after  the  passage  of  this  act. 

12.  The  state  board  of  children's  guardians  shall  remain 
the  guardian  of  all  children  indentured,  bound  out  or  put 
forth,  who  may  now  be  or  may  hereafter  become  public 
charges. 

13.  This  act  shall  be  construed  liberally  and   for  the 
benefit  of  any  child  or  children  so  becoming  ward  or  wards 
of  such  state  board  of  children's  guardians  as  aforesaid. 


Rules  and  Regulations 


PRESCRIBED    BY   THE 


State  Board  of  Education. 


(119) 


RULES  AND  REGULATIONS. 


I.    RULES    RELATING   TO   ALL    CERTIFICATES. 

1.  No  person  shall  be  employed  as  a  teacher  by  any  board  of  edu- 
cation unless  he  shall  hold  a  certificate  in  full  force  and  effect  in  this 
State  at  the  time  he  shall  begin  teaching  under  a  contract  entered 
into  between  a  board  of  education  and  such  teacher.     Any  person 
accepting  a  position  as  teacher  in  any  school  shall,  before  entering 
upon  the  duties  of  such  position,  exhibit  his  certificate  to  the  County 
or  District  Superintendent  of  Schools  of  the  county  or  district  in 
which  such  school  shall  be  situate. 

2.  The  District  Clerk  of  the  Board  of  Education  of  each  school 
district  situate  in  a  municipality  not  divided  into  wards  shall,  within 
ten  days  after  a  contract  with  a  teacher  shall  have  been  made,  for- 
ward to  the  County  Superintendent  of  Schools  a  copy  of  such  con- 
tract if  the  same  shall  be  in  writing,  but  if  such  contract  shall  have 
been  made  under  rules  adopted  by  the  board  of  education,  said  dis- 
trict clerk  shall  report  to  the  County  Superintendent  of  Schools  the 
name  of  such  teacher,  the  time  for  which  he  shall  have  been  em- 
ployed, the  amount  of  salary  and  the  kind,  grade  and  date  of  his 
certificate.     The  County  Superintendent  of  Schools  shall  file  such 
contracts  and  reports,  and  keep  an  accurate  record  thereof. 

3.  Each  board  of  education  which  shall  adopt  rules  governing  the 
employment  of  teachers  in  accordance  with  the  provisions  of  section 
107  of  the  School  law,  shall  file  a  copy  of  such  rules  with  the  County 
Superintendent  of  Schools. 

4.  Any  person  may,  between  the  dates  of  the  regular  examina- 
tions, at  the  discretion  of  the  State  Board  of  Examiners  or  of  the 
County  or  the  District  Board  of  Examiners  of  the  county  or  district 
in  which  the  school  he  intends  to  teach  shall  be  situate,  be  granted 
a  provisional  certificate  good  in  the  subjects  to  be  taught  until  the 
next  regular  examination.     A  provisional  certificate  shall   not  be 
renewed  or  extended. 

(121) 


122  RULES  AND   REGULATIONS 

5.  Each  applicant  for  a  teacher's  certificate  shall  file  testimonials 
as  to  his  moral  character  and  scholarship,  and  in  case  of  previous 
experience  testimonials   as  to  his   success  in  teaching ;   and  shall 
present  a  written  statement  as  to  the  places  in  which  he  shall  have 
taught,  and   the  term  of  service  in  each.     No  certificate  shall   be 
issued  until  the  applicant  therefor  shall  have  filed  such  testimonials 
and  statement. 

6.  No  certificate  shall  be  issued  to  any  person  whose  percentage  in 
any  subject  covered  by  the  examination  shall  fall  below  70. 

7.  Any  board  of  examiners  may  accept  any  certificate  of  any  grade 
in  full  force  and  effect,  or  which  shall  have  been  in  full  force  and 
effect  in  this  State  within  one  year  next  preceding  the  date  of  the 
examination,  in  lieu  of  an  examination  in  the  academic  subjects 
covered   by  said  certificate ;  provided,  said  certificate  shall  show  a 
general  average  of  not  less  than  75  per  cent. 

8.  The  State  Board  of  Examiners  may,  subject  to  appeal  to  the 
State  Board  of  Education,  revoke  for  cause  any  certificate  granted 
by  any  board  of  examiners. 

9.  Any  County  or  District  Board  of  Examiners  may,  subject  to 
appeal,  revoke  any  certificate  granted  by  it. 

10.  Each  .board  of  examiners  shall  keep  a  list  of  all  certificates 
issued  by  it,  together  with  the  names  and  addresses  of  the  teachers 
to  whom  they  shall  have  been  issued,  and  shall  transmit  to  the 
State  Superintendent  of  Public  Instruction  within  thirty  days  after 
each  regular  or  special  examination  a  copy  of  such  list,  which  list 
shall  be  printed  in  the  annual  report  of  that  officer. 

11.  In  any  examination  for  a  teacher's  certificate  the  diploma  of 
a  university  or  college  authorized  to  confer  degrees  may  be  accepted 
in  lieu  of  an  examination  in  the  subjects  prescribed  for  such  exami- 
nation ;  provided,  that  the  course  of  study  covered  by  said  diploma 
shall  include  said  prescribed  subjects  or  their  equivalent,  and  shall 
not  have  been  pursued  through  correspondence.     The  State  Board  of 
Examiners  may,  in  lieu  of  an  examination  in  any  subject  or  sub- 
jects, accept  such  credentials  as  it  may  deem  conclusive  evidence  of 
scholarship   and   professional   qualification ;    provided,    such   action 
shall  not  be  inconsistent  with  the  provisions  of  Rule  14. 

12.  Special  certificates  may  be  granted  to  kindergartners,  and  to 
teachers  of   physical   training,    music,    drawing,    manual   training, 
ancient  languages,  modern  languages  and  commercial  branches. 


FOR  SCHOOL  OFFICERS.  123 


II.    STATE    CERTIFICATES. 

13.  The  State  Board  of  Examiners  shall  grant  first,  second  and 
third-grade  State  certificates,  and   special   State  certificates  for  the 
subjects  authorized  under  Rule  12. 

14.  The  State  Board  of  Examiners  may  indorse  the  diploma  of 
any  normal  school  or  teachers'  college,  or  a  permanent  certificate  to 
teach  issued  in  another  State  and  valid  as  a  State  certificate  therein, 
when  the  course  of  study  of  such  normal  school  or  teachers'  college 
or  the  requirements  for  such  certificates  shall  be,  in  the  judgment  of 
said  board,  equivalent  to  those  required  for  a  State   certificate  to 
teach  in  this  State  ;  provided,  that  such  other  State  shall  grant  recip- 
rocal privileges  to  those  holding  diplomas  or  certificates  from  this 
State.     When  so  indorsed  such  diplomas  or  certificates  shall  have 
the  same  force  and  effect  as  if  issued  in  this  State.     Normal  diplo- 
mas and  permanent  certificates  issued  in  States  not  having  a  State 
system  of  certification,  and  which   are,  therefore,  unable  to  grant 
said  reciprocal  privileges,  may  be  indorsed  by  the  State  Board  of 
Examiners  as  herein  above  provided. 

15.  A  diploma  or  certificate  issued  by  any  kindergarten,  drawing 
or  art,  manual  training,  physical  training  or  music-training  school, 
or  business  or  commercial  college,  may  be  indorsed   by  the  State 
Board  of  Examiners  ;  provided,  the  course  of  study  of  such  school 
shall  have  been  approved  by  the  said  board. 

16.  There  shall  be  two  examinations  for  State  certificates  each 
year.     Said  examinations  shall  be  held  in  the  State  House,  at  Tren- 
ton, on   the  first   Thursday,   Friday   and   Saturday   of    June  and 
December  respectively,  and  the  questions  used  shall  be  approved  by 
each  member  of  the  board  of   examiners.     The  subjects   shall  be 
assigned  in  the  following  order  : 

Thursday— (1)  Geometry,  (2)  Literature,  (3)  Chemistry,  (4) 
Botany. 

Friday— (1)  Drawing,  (2)  Psychology,  (3)  School  Law,  (4) 
Manual  Training,  (5)  Principles  and  Practice  of  the  Kindergarten, 
(6)  Music,  (7)  Ancient  and  Modern  Languages,  (8)  Bookkeeping, 
(9)  Commercial  Arithmetic. 

Saturday— (1)  Physical  Training,  (2)  Theory  and  Practice  of 
Teaching,  (3)  History  of  Education,  (4)  Science  of  Education,  (5) 
Stenography,  (6)  Business  practice. 


124  RULES   AND   REGULATIONS 

17.  An  applicant  for  a  third-grade  State  certificate  shall  be  not 
less  than  twenty  years  of  age,  and  shall  not  be  required  to  have  had 
previous  experience  in  teaching.      The  examination  shall   be  the 
same  as  that  required  for  a  first-grade  county  certificate,  and,  in 
addition  thereto,  Psychology,  Plane  and  Solid  Geometry,  Literature, 
Botany  and  Free-hand  Drawing,  or  in  lieu  of  one  or  more  of  said 
subjects,  such  other  subject  or  subjects  as  the  State  Board  of  Exam- 
iners shall  regard  as  the  equivalent  thereof.     This  certificate  shall 
remain  in  force  for  seven  years  from  its  date,  and  shall  be  valid  as  a 
license  to  teach  in  any  school  in  the  State.    It  may  be  renewed  with- 
out re-examination.     (See  Rule  20.) 

18.  An  applicant  for  a  second-grade  State  certificate  shall  be  not 
less  than  twenty-one  years  of  age,  with  an  experience  in  teaching  of 
not  less  than  two  years.     The  examination  shall  be  the  same  as  that 
required  for  the  third-grade  State  certificate,  and,  in  addition  thereto, 
Chemistry,  Science  of   Education,  Manual  Training  and   Physical 
Training,  or  in  lieu  of  one  or  more  of  the  said  subjects,  such  other 
subject  or  subjects  as  the  State  Board  of  Examiners  shall  regard  as 
the  equivalent  thereof.    This  certificate  shall  remain  in  force  for  ten 
years  from  its  date,  and  shall  be  valid  as  a  license  to  teach  in  any 
:  school  in  the  State.     It  may  be  renewed  without  re-examination. 
This  shall  be  the  highest  grade  certificate  issued  for  class  teaching 
:as  distinguished  from  supervision.     (See  Rule  20.) 

19.  An  applicant  for  a  first-grade  State  certificate  shall  be  not  less 
that  twenty-five  years  of  age,  with  an  ^experience  in  teaching  of  not 
less  than  five  years,  and  shall  present  satisfactory  evidence  of  effici- 
ency and  success  as  a  superintendent,  supervising  principal,  principal 
of  a  graded  school  employing  not  less  than  five  assistant  teachers,  or 
in  such  other  capacity  as  the  State  Board  of  Examiners  shall  regard 
.as  the  equivalent  thereof.     The  examination  shall  be  the  same  as  for 
the  second-grade  State  certificate.     The  first-grade  State  certificate 
shall  remain  in  force  during  the  life  of  the  holder,  and  shall  be  valid 
as  a  license  to  teach  in  any  public  school  in  the  State.    (See  Rule  20). 

20.  Any  person  desiring  to  take  an  examination  in  any  subject 
or  subjects  in  lieu  of  those  specified,  shall  make  application  therefor, 
.addressed  to  the  Secretary  of  the  State  Board  of  Examiners,  Trenton, 

N.  J.,  at  least  four  weeks  prior  to  the  date  of  the  examination. 

21.  Graduates  of  the  State  Normal  School  who  shall  have  com- 
pleted the  post-graduate  course  shall  be  granted  Normal  School  life 
.certificates.     Graduates  who  shall  have  completed  the  three-years' 
•course  shall  be  granted  Normal  School  certificates  which  shall  remain 


FOR  SCHOOL  OFFICERS.  125 

in  force  for  ten  years  from  the  date  thereof.  Graduates  of  the  three- 
years'  course,  with  an  experience  in  teaching  of  not  less  than  two 
years  after  graduation,  may  be  granted  Normal  School  life  certificates 
upon  presenting  to  the  State  Board  of  Examiners  satisfactory  evi- 
dence of  their  success  as  teachers.  Normal  School  certificates  shall 
be  valid  as  licenses  to  teach  in  any  public  school  in  the  State. 

22.  A  graduate  of  the  former  elementary  course  of  the  State  Nor- 
mal School  may  be  granted  a  Normal  life  certificate  upon  passing  an 
examination  in  Physics,  Chemistry,  Literature,  Geometry,  History  of 
Education,  Science  of  Education  and  School  Law  of  New  Jersey,  or 
in  lieu  of  one  or  more  of  said  subjects,  such  other  subject  or  subjects 
as  the  State  Board  of  Examiners  shall  regard  as  the  equivalent  thereof. 
(See  Rule  20.) 

23.  A  special  kindergarten  State  certificate,  or  a  State  certificate  to 
teach  ancient  languages  or  modern  languages,  may  be  granted  to  any 
person  holding  a  diploma  from  a  high  school,  or  any  form  of  teacher' s 
certificate,  other  than  special,  which  shall  be  valid  in  New  Jersey, 
©r  which  shall  have  been  in  full  force  and  effect  in  this  State  within 
one  year  next  preceding  the  date  of  the  examination,  on  passing  an 
examination  in  History  of  Education,  Psychology,  Theory  and  Prac- 
tice of  Teaching,  School  Law  of  New  Jersey  and  the  special  subject 
to  be  taught,  and,  in  addition  thereto,  for  a  kindergarten  certificate, 
an  examination  in   Drawing.     A  special  State  certificate  to  teach 
Drawing,    Manual  Training,  Physical   Training   or  Music,  may  be 
granted  to  any  person  on  passing  an  examination  in  Psychology, 
History  of  Education,  School  Law  of  New  Jersey  and  the  special 
subject  to  be  taught,  and,  in  addition  thereto,  for  a  certificate  to 
teach  Drawing,  an  examination  in  Plane  Geometry.     A  special  State 
certificate  to  teach  commercial  branches  may  be  granted  to  any  per. 
son  on  passing  an  examination  in  Psychology,  School  Law  of  New 
Jersey,  Bookkeeping,  Commercial  Arithmetic,  Stenography,  Theory 
and  Practice  of  Teaching,  History  of  Education  and  Business  prac- 
tice.    All  special  State  certificates  shall  be  valid  for  a  term  of  five 
years  from  their  date,  and  may  be  renewed  without  re-examination. 

III.    COUNTY   EXAMINATIONS. 

24.  Each  County  Board  of  Examiners  shall  grant  first,  second  and 
third-grade  county  certificates  and  special  county  certificates  for  the 
subjects  authorized  under  Rule  12. 


126  RULES   AND   REGULATIONS 

25.  There  shall  be  three  examinations  for  county  certificates  each 
year,  at  such  place  or  places  in  the  county  as  shall  be  designated  by 
the  County  Superintendent.     Said  examinations  shall  be  held  on  the 
first  Friday  and   Saturday  in  October,  February  and   May  respec- 
tively ;  provided,  that  when  any  of  these  days  shall  fall  upon  a  legal 
holiday  the   examination  shall  be  postponed  one  week.     Regular 
examinations  for  special  county  certificates   shall   be  held   on  the 
October  dates  only.     The  subjects  shall  be  assigned  in  the  following 
order  : 

Friday — (1)  Penmanship,  (2)  Orthography,  (3)  Arithmetic,  (4) 
Geography,  (5)  Grammar,  (6)  Reading. 

Saturday—  Third  Grade— (1)  Theory  and  Practice  of  Teaching,  (2) 
School  Law  of  New  Jersey,  (3)  Temperance  Physiology,  (4)  United 
States  History,  (5)  Elementary  Civics,  (6)  Elementary  Composition. 

Second  Grade — (1)  Theory  and  Practice  of  Teaching,  (2)  School 
Law  of  New  Jersey,  (3)  History  of  Education,  (4)  Physiology,  (5) 
Composition,  (6)  Bookkeeping,  (7)  Elementary  Algebra. 

First  Grade — (1)  Theory  and  Practice  of  Teaching,  (2)  School  Law 
of  New  Jersey,  (3)  History  of  Education,  (4)  Algebra,  (5)  Civics, 
(6)  Physics,  (7)  General  History,  (8)  Plane  Geometry. 

Special  Certificates — Saturday — (1)  Theory  and  Practice  of  Teaching, 
(2)  School  Law  of  New  Jersey,  (3)  Kindergarten,  (4)  Drawing,  (5) 
Manual  Training,  (6)  Physical  Training,  (7)  Music,  (8)  Ancient 
Languages,  (9)  Modern  Languages,  (10)  Inventional  Geometry. 

26.  If  an  applicant  shall  fail  to  complete  at  one  session  of  the 
'board  of  examiners  all  the  subjects  required  to  secure  a  certificate, 
the  remaining  subject  or  subjects  may  be  taken  at  a  subsequent 
examination. 

27.  Any  teacher  holding  a  certificate  in  full  force  and  effect  may 
attend  not  more  than  two  subsequent  examinations  for  the  purpose 
of  improving  his  general  average  or  his  percentage  in  any  subject  or 
subjects.    Any  improvement  shall  be  recorded  on  the  original  certifi- 
cate but  shall   not  prolong  the  term  for  which  it  shall  have  been 
issued. 

28.  All  county  certificates  shall  bear  date  of  the  first  day  of  the 
month  next  succeeding  the  examination,  and  all  certificates  now  in 
force  shall  remain  in  force  until  the  first  day  of  the  month  next  suc- 
ceeding the  date  of  the  expiration  of  the  term  for  which  they  shall 
have  been  issued. 

29.  For  the  purpose  of  classification  an  ungraded  school  shall  be 
one  in  which  but  a  single  teacher  is  employed  ;  a  graded  school  shall 


FOR  SCHOOL  OFFICERS.  127 

be  one  which  is  divided  into  at  least  two  departments  ;  a  primary 
school  or  primary  department  shall  be  one  having  the  first  four  years 
of  the  usual  school  curriculum  consisting  of  subjects  similar  to  those 
prescribed  for  the  primary  department  of  the  State  Model  School  ;  a 
grammar  school  or  grammar  department  shall  be  one  having  the 
second  four  years  of  the  usual  school  curriculum  consisting  of  sub- 
jects similar  to  those  prescribed  for  the  grammar  department  of  the 
State  Model  School ;  a  high  school  or  high  school  department  shall 
be  one  having  the  third  four  years  of  the  usual  school  curriculum 
consisting  of  subjects  similar  to  those  prescribed  for  the  high  school 
department  of  the  State  Model  School. 

30.  An  applicant  for  a  third  grade  county  certificate  shall  be  not 
less  than  eighteen  years  of  age,  and  shall  not  be  required  to  have  had 
previous  experience  in  teaching.     Said  applicant  shall  be  examined 
in    Orthography,    Reading,    Penmanship,    Geography,    Arithmetic, 
English  Grammar,  Elementary  Composition,  United  States  History, 
Elementary  Civics,  Temperance  Physiology  and  the  Theory  and  Prac- 
tice of  Teaching.    The  third  grade  county  certificate  shall  continue  in 
force  for  two  years  from  its  date,  and  shall  be  valid  as  a  license  to 
teach  in  any  ungraded  school  or  primary  department  in  the  county 
in  which  it  shall  be  issued.     Said  certificate  may  be  given  two  re- 
newals ;  provided,  it  shall  show  a  general  average  of  not  less  than  75 
per  cent.,  and  the  holder  thereof  shall  pass  on  each  renewal  an  ex- 
amination in  Theory  and  Practice  of  Teaching  and  School  Law  of 
New  Jersey.     The  third  grade  county  certificate  shall  not  be  issued 
to  the  same  person  more  than  three  times  unless  he  shall  secure  the 
professional  certificate.     (See  Rule  37. ) 

31.  An  applicant  for  the  second-grade  county  certificate  shall  be 
not  less  than  nineteen  years  of  age,  with  an  experience  in  teaching 
of  not  less  than  one  year.     The  examination  shall  be  the  same  as 
that  required  for  the  third -grade  county  certificate,  and,  in  addition 
thereto,  Composition,  Physiology,  Elementary  Algebra,  School  Law 
of  New  Jersey  and  Bookkeeping.     Said  certificate  shall  continue  in 
force  for  three  years  from  its  date,  and  shall  be  valid  as  a  license  to 
teach  in  any  ungraded  school  or  primary  or  grammar  department  in 
the  county  in  which  it  shall  be  issued.     The  second-grade  county 
certificate  may  be  renewed  ;  provided,  it  shall  show  a  general  average 
of  not  less  than  75  per  cent. ,  and  the  holder  thereof  shall  pass  on 
each  renewal  an  examination  in  Theory  and  Practice  of  Teaching 
and  History  of  Education. 

32.  An  applicant  for  the  first-grade  county  certificate  shall  be  not 


128  RULES   AND   REGULATIONS 

less  than  twenty  years  of  age,  with  an  experience  in  teaching  of 
not  less  than  two  years.  The  examination  shall  be  the  same  as  that 
required  for  the  second-grade  county  certificate,  and,  in  addition 
thereto,  Algebra,  Plane  Geometry,  Physics,  General  History,  History 
of  Education  and  Civics,  or  in  lieu  of  one  or  more  of  said  subjects, 
such  other  subject  or  subjects  as  the  State  Superintendent  of  Public 
Instruction  shall  regard  as  the  equivalent  thereof.  Said  certificate 
shall  continue  in  force  for  five  years  from  its  date,  and  shall  be  valid 
as  a  license  to  teach  in  any  school  or  department  in  the  county  in 
which  it  shall  be  issued.  The  first-grade  county  certificate  may  be 
renewed  in  the  county  in  which  it  shall  have  been  issued  without  re- 
examination  ;  provided,  it  shall  show  a  general  average  of  not  less 
than  75  per  cent.  (See  Rule  33. ) 

33.  Any  person  desiring  to  take  an  examination  in  any  subject  or 
subjects  in  lieu  of  those  specified  for  a  first-grade  county  certificate, 
shall  make    application    therefor  to  the  State   Superintendent  of 
Public  Instruction  at  least  four  weeks  prior  to  the  date  of  the  exami- 
nation. 

34.  Upon  each  county  certificate  shall  be  written  the  percentage  in 
each  subject  and  the  general  average,  each  marked  upon  a  scale 
of  100. 

35.  When  a  County  Superintendent  of  Schools  shall  ascertain  that 
any  teacher  is,  through  aptitude  and  acquirement,  especially  quali- 
fied to  give  instruction  in  particular  branches  or  departments,  he 
shall  record  the  fact  on  such  teacher's  certificate. 

36.  A  special  kindergarten  county  certificate,  or  a  county  certificate 
to  teach  ancient  languages  or  modern  languages,  may  be  granted  to 
any  person   holding  a  diploma  from  a  high  school  or  any  form  of 
teacher's  certificate,  other  than  special,  which  shall  be  valid  in  New 
Jersey,  or  which  shall  have  been  in  full  force  and  effect  in  this  State 
within  one  year  next  preceding  the  date  of  the  examination,  on  pass- 
ing a  satisfactory  examination  in  Theory  and  Practice  of  Teaching, 
School  Law  of  New  Jersey  and  the  special  subject  to  be  taught,  and, 
in  addition  thereto,  for  a  kindergarten  certificate,  an  examination  in 
Drawing.      A  special  certificate  to  teach  Manual  Training,  Physical 
Training,  Drawing  or  Music,  may  be  granted  to  any  person  passing 
an  examination  in  School  Law  of  New  Jersey  and  the  special  subject 
to  be  taught,  and,  in  addition  thereto,  for  a  certificate  to  teach  Draw- 
ing, an  examination  in  Concrete  or  Inventional  Geometry.    A  special 
certificate  to  teach  commercial  branches  may  be  granted  to  any  per- 
son passing  an  examination  in  School  Law  of  New  Jersey,  Bookkeep- 


FOR   SCHOOL   OFFICERS.  129 

ing,  Commercial  Arithmetic,  Stenography,  Theory  and  Practice  of 
Teaching  and  Business  Practice.  All  special  county  certificates  shall 
be  valid  for  a  term  of  three  years  from  their  date,  and  may  be  re- 
newed without  re-examination. 

37.  A  professional  certificate  for  each  grade  may  be  issued  to  a 
teacher  whose  percentage  in  any  subject  shall  be  not  less  than  75, 
whose  general  average  in  all  the  subjects  shall  be  not  less  than  85, 
and  who  shall  have  completed  the  prescribed  course  of  professional 
reading  ;  provided,  said  teacher,  in  the  judgment  of  the  County  Board 
of  Examiners,  shall   possess  exceptional  skill  in  the  organization, 
management  and   advancement  of  a  school.     A  County  Board  of 
Examiners  must  exercise  due  caution  and  discretion  in  the  issue  of 
professional  certificates.     A  professional  certificate  shall  be  granted 
only  after  a  careful  personal  supervision  and  inspection  of  school 
work,  and  must  have  the  approval  of  the  State  Superintendent  of 
Public  Instruction.     A  professional  certificate  may  be  accepted  by 
any  board  of   examiners  in  lieu  of  an  examination  in  any  of  the 
subjects  covered  by  said  certificate. 

IV.    DISTRICT   EXAMINATIONS   IN   MUNICIPALITIES    DIVIDED    INTO 
WARDS   AND    HAVING   A   DISTRICT   BOARD   OF   EXAMINERS. 

38.  Each  District  Board  of  Examiners  shall  grant  certificates  of 
such  grades  as  shall  be  prescribed  by  the  District  Board  of  Edu- 
cation, and  shall  also  grant  special  certificates  for  the  subjects  author- 
ized under  Rule  12.     A  copy  of  the  rules  governing  examinations 
shall  be  filed  in  the  office  of  the  State  Board  of  Education. 

39.  The  requirements  for  the  several  grades  of  certificates  granted 
by  a  District  Board  of  Examiners  under  the  provisions  of  section  34 
of  the  School  law,  shall  be  not  less  than  those  prescribed  by  these 
Rules  and  Regulations  for  the  corresponding  grades  of  county  certifi- 
cates.    If  a  District  Board  of  Examiners  shall  grant  but  two  grades 
of  certificates,  other  than  special,  the  requirements  for  the  two  grades 
shall   be  not  less   than  the  requirements   prescribed   for  the  three 
grades  of  county  certificates,  but  the  subjects  required  shall  be  ap- 
portioned between  said  grades  by  the  District  Board  of  Examiners. 
Nothing  in  this  rule  shall   be  construed  as  prohibiting  a   District 
Board  of  Examiners  from  requiring  other  and  additional  qualifica- 
tions than  those  prescribed  by  this  rule. 

40.  If  any  District  Board  of  Examiners  shall  hold  regular  exami- 
nations on  the  dates  fixed  by  these  Rules  and  Regulations  for  holding 

9 


130  RULES   AND   REGULATIONS 

the  county  examinations,  and  shall  use  the  questions  and  the  system 
prescribed  for  county  examinations,  the  certificates  granted  by  such 
District  Board  of  Examiners  may  be  accepted  by  the  State  Board  of 
Examiners  and  by  any  County  Board  of  Examiners  on  the  same 
terms  as  said  boards  of  examiners  are  authorized  to  accept  county 
certificates. 

41.  The  board  of   education  in  each  school  district  situate  in  a 
municipality  divided  into  wards  and  having  a  normal  or  training 
school  or  a  normal   or  training   department,    shall  submit  to  the 
State   Board   of    Education  for  its  approval  the  course  of  study 
pursued  in  such  normal  or  training  school  or  normal  or  training 
department,    and   shall   also   submit    for   approval   all   changes   or 
amendments  thereof  as  shall  be  made  after  such  course  of  study 
shall  have  been  approved  as  aforesaid. 

42.  All  diplomas  or  certificates  granted  to  graduates  of  a  normal 
or  training  school  or  a  normal  or  training  department  shall  be  valid 
as  certificates  to  teach  in  the  district  in  which  such  normal  or  train- 
ing school  or  normal  or  training  department  shall  be  situate  ;  pro- 
vided, the  course  of  study  pursued  by  the  persons  to  whom  such 
diplomas  or  certificates  shall  be  granted  shall  have  been  approved 
by  the  State  Board  of  Education. 

V.    COUNTY   SUPERINTENDENTS. 

43.  Each  County  Superintendent  shall   visit  the  schools  in   his 
county  as  often  as  may  be  necessary  ;  provided,  that  he  shall  visit 
every  school  under  his  jurisdiction  at  least  once  in  each  year ;  pro- 
vided further,  that  the  total  number  of  visits  made  during  the  year 
shall  equal  at  least  twice  the  number  of  schools  under  his  jurisdic- 
tion, the  additional  visits  to  be  made  to  such  schools  as,  in  his  judg- 
ment, most  need  his  encouragement  and  advice.     At  such  visits  he 
shall  inquire  into  the   management,  methods   of  instruction  and 
discipline  in  such  schools  ;   note  the  condition  of  the  school-houses, 
sites,  buildings  and  appurtenances,  examine  the  course  of  study, 
text-books  and   school  libraries,  and  recommend   to   and   counsel 
teachers  as  to  proper  studies,  methods,  discipline  and  management 
for  the  schools. 

44.  The  County  Superintendent  shall  distribute  promptly  all  docu- 
ments, forms,  laws,  circulars  and  instructions  which  he  may  receive 
from  the  State  Superintendent  or  the  State  Board  of  Education. 


FOR  SCHOOL   OFFICERS.  131 

45.  The  County  Superintendent  shall  see  that  the  decisions  of  the 
State  Superintendent  and  the  State  Board  of  Education,  upon  contro- 
versies arising  under  the  School  laws  of  the  State  or  under  the  rules 
and  regulations  prescribed   by  the  State   Board   of  Education  are 
obeyed  •  and  in  case  such  decisions  are  not  obeyed  he  shall  so  inform 
the  State  Superintendent  and  state  the  circumstances. 

46.  The  County  Superintendent  shall  preserve  carefully  all  reports 
of  school  officers  and  teachers,  and  all  examination  papers  of  teachers 
examined  by  the  County  Board  of  Examiners,  and  at  the  close  of  his 
official  term  shall  deliver  to  his  successor  all  records,  books,  docu- 
ments, papers  and  property  belonging  to  the  office. 

47.  The  County  Superintendent  shall  not  be  agent  for  or  be  in 
any  way  pecuniarly  or  beneficially  interested  in  the  sale  to  the  board 
of   education  of  any  school  district   under  his  supervision  of  any 
text-books,  maps,  charts,  school  apparatus  or  supplies  of  any  kind, 
or  receive  compensation  or  reward  of  any  kind  for  any  such  sale  or 
for  unlawfully  promoting  or  favoring  the  same.     Any  County  Super- 
intendent who  shall  violate  this  provision  shall  be  subject  to  removal 
from  office. 

48.  The  County  Superintendent  shall  meet  each  board  of  educa- 
tion in  his  county  at  least  twice  each  year,  at  such  times  and  places 
as  he  may  appoint. 

49.  The  County  Superintendent  shall,  in  the  manner  now  provided 
by  law,  and  subject  to  the  approval  of  the  State  Superintendent, 
prepare  and  establish  a  uniform  course  of  study  and  a  standard  of 
graduation  in  the  schools  under  his  supervision. 

50.  The  County  Superintendent  shall,  by  such  means  as  he  shall 
deem  most  practicable,  establish  a  County  Pedagogical  Library,  and 
shall,  subject  to  the  approval  of  the  State  Superintendent,  designate 
oourses  of  pedagogical  reading. 

51.  The  State  Superintendent  shall  furnish  blank  diplomas  to  be 
awarded  by  County  Superintendents  to  all  pupils  who  shall  success- 
fully complete  the  prescribed  course  of  study  ;  also  diplomas  suitable 
to  be  granted  to  such  teachers  as  shall  prove  that  they  have  intelli- 
gently completed  the  courses  of  professional  reading  prescribed  for 
their  respective  grades. 

52.  The  County  Superintendent  shall  assist  in  the  organization 
and  management  of  the  County  Institute  and  shall  preside  over  the 
same. 

53.  All  teachers  shall  attend  the  annual   institute  held   for  the 
Bounty  in  which  they  are  teaching ;  and  no  deduction  shall  be  made 


132  RULES  AND   REGULATIONS 

from  the  salary  of  any  teacher  for  the  time  he  shall  be  in  attendance 
upon  said  institute. 

54.  The  Committee  on  Education  shall,  subject  to  the  approval  of 
the  State  Board  of  Education,  prepare  rules  for  the  examination  of 
applicants  for  the  position  of  County  Superintendent ;  shall  conduct 
such  examinations  and  shall  report  its  findings  to  said  board  at  its- 
regular  meeting  in  October. 


Blanks  and  Forms 

For  School  Officers. 


(133) 


BLANKS  AND  FORMS  FOR  SCHOOL  OFFICERS. 


The  following  Forms  have  been  prepared  for  the  use  of  all 
officers  having  duties  to  discharge  under  the  School  Law.  Their 
use  will  secure  uniformity  and  correctness  in  the  transaction  of 
financial  and  general  school  business.  The  literal  use  of  these 
Forms  is  in  no  case  essential  to  the  validity  of  a  school  instru- 
ment. Any  form  may  be  used  which  clearly  expresses  the 
objects  designed,  or  the  intention  of  the  parties  interested,  and 
conforms  in  all  respects  to  the  requirements  of  the  law,  but  as 
those  annexed  have  been  prepared  with  strict  reference  to  these 
necessary  conditions,  their  use  is  recommended.  The  blank 
spaces  are  to  be  filled  to  meet  the  varying  circumstances  in  each 
case.  These  forms  have  been  submitted  to  and  approved  by  the 
State  Board  of  Education. 

CHARLES   J.  BAXTER, 

State  Superintendent  of  Public  Instruction. 

(135) 


FORMS  FOR  COUNTY  SUPERINTENDENTS. 


I.    fForm  NO.  15.)— Transfer  Certificate. 

County. 

Transfer  Certificate  No 

This  is  to  certify  that ,  residing  in  the 

School  District  of ,  County  of ,  has  re- 
ceived the  consent  of  the  County  Superintendent  to  attend  the 

Public  Schools  in  the  School  District  of , 

County  of 

Dated ,  190.. 


County  Superintendent. 

One  copy  should  be  filed  with  the  clerk  of  the  school  district 
in  which  the  pupil  attends  school,  and  one  copy  with  the  clerk 
of  the  school  district  in  which  said  pupil  resides.  When  the  dis- 
tricts are  in  adjoining  counties,  the  certificate  must  be  signed  by 
the  County  Superintendent  of  each  county. 


II.     (Form  No.  9O.) -Order  on  Custodian  of  School  Moneys  for 
Moneys  Due  for  Transfer  of  Children. 

No OFFICE  OF  COUNTY  SUPERINTENDENT,  \ 

,  N.  J.,. 190..       / 

To  the  Custodian  of  School  Moneys  of  the  School  District  of : 

Pay  to  the  order  of Custodian  of  School  Moneys  of  the 

School  District  of , dollars,  being  the  amount  due 

for  the  following-named  children  who  have  been  transferred  to 
the  School  District  of. . 


County  Superintendent. 
(137) 


138  BLANKS   AND   FORMS 


III.    (Form  No.  21.)— Notice  of  Institute. 

,  N.  J., ,  190.. 

The  Teachers'  Institute  for County  will  be  held 

at ,  beginning ,  190 ..,  and  closing 

,  190.. 


County  Superintendent. 

KULE  PRESCRIBED  BY  THE  STATE  BOARD  OF  EDUCATION. — "All  teachers  shall 
attend  the  annual  institute,  held  for  the  county  in  which  they  are  teaching,  and  no 
deduction  shall  be  made  from  the  salary  of  any  teacher  for  the  time  he  is  in  attend- 
ance upon  said  institute." 


IV.    (Form  No.  22.)— Certificate  of  Teacher's  Attendance  at 

Institute. 

,  N.  J., ,  190.. 

To  the  Board  of  Education  of  the  School  District  of 

I  hereby  certify  that has  been  in  attend- 
ance at  the  Annual  Institute  of  the  County,  just  closed, 

days. 


County  Superintendent. 


V.    (Form  No.  38.)— Notice  of  Meeting:  for  Examination  of 

Teachers. 

Notice  is  hereby  given  that  there  will  be  a  meeting  of  the 

County  Board   of  Examiners   of County,    for  the 

examination  of  candidates  for  teachers'  certificates  at , 

on ,  the instant.     Each  applicant  for  a  certifi- 
cate should  be  present  as  early  as o'clock  A.  M. 


County  Superintendent. 

,  190.. 

The  questions  will  be  given  in  the  following  order : 

Friday — (1)  Penmanship,  (2)  Orthography,  (3)  Arithmetic,  (4) 

Geography,  (5)  Grammar,  (6)  Reading. 


FOR  SCHOOL  OFFICERS.  139* 

Saturday — Third  Grade. — (1)  Theory  and  Practice  of  Teach- 
ing, (2)  School  Law  of  New  Jersey,  (3)  Temperance  Physiology, 

(4)  United  States  History,  (5)  Elementary  Civics,  (6)  Elementary 
Composition. 

Second  Grade. — (1)  Theory  and  Practice  of  Teaching,  (2)  School 
Law  of  New  Jersey,  (3)  History  of  Education,  (4)  Physiology,. 

(5)  Composition,  (6)  Bookkeeping,  (7)  Elementary  Algebra. 
First  Grade. — (1)  Theory  and  Practice  of  Teaching,  (2)  School 

Law  of  New  Jersey,  (3)  History  of  Education,  (4)  Algebra,  (5)' 
Civics,  (6)  Physics,  (7)  General  History,  (8)  Plane  Geometry. 

Special  Certificates. — (1)  Theory  and  Practice  of  Teaching,  (2) 
School  Law  of  New  Jersey,  (3)  Kindergarten,  (4)  Drawing,  (5) 
Manual  Training,  (6)  Physical  Training,  (7)  Music,  (8)  Ancient 
Languages,  (9)  Modern  Languages,  (10)  Inventional  Geometry. 


VI.    (Form  No.  25.)— Statement  of  Expenses. 

,  N.  J, ,190.. 

To  the  State  Board  of  Education  : 

I  herewith  submit  a  statement,  by  items,  of  the  expenses  I 
have  incurred  in  the  performance  of  my  official  duties  as  County 
Superintendent  of County,  for  the  three  months  end- 
ing  ,  190.. 


OFFICE    EXPENSES. 


Postage, 
Expressage, 
Stationery, 
Printing,     . 


MISCELLANEOUS    EXPENSES. 


EXPENSES    INCURRED    IN    VISITING    SCHOOLS. 


Date ,  School 

Date ,  Schools 


s , 


140  BLANKS   AND   FORMS 


SUMMARY. 

Office  expenses,    .         .         .         .         .         .         .         

Miscellaneous  expenses,        .         .         .         .         .         

Expenses  incurred  in  visiting  schools,          .         .         

Total, 

Total  number  of  school-houses  in  the  County,     .         

Total   number  visited  during  the  three  months  end- 
ing  ,190..,         

Numbers  of  the  schools  not  visited, 

Reasons  why  these  schools  were  not  visited,          .         

STATE  OF  NEW  JERSEY,  \  sg 

County,  j 

On  this day  of ,  190 . . ,  before  me  personally 

.appeared ,  County  Superintendent   of County, 

who,  on  his  oath,  saith  that  the  within  statement  is  true,  and 
that,  to  the  best  of  his  knowledge  and  belief,  he  has,  during  the 
time  for  which  this  statement  is  made,  faithfully  performed  all 
the  duties  imposed  by  the  School  Law  and  by  the  regulations  of 
the  State  Board  of  Education. 
Sworn  and  subscribed  before  me 


this day  of ,  190 


ne  1 


VII.     (Form  No.  26.)— Order  on  County  Collector  for  the  $2OO,OOO 

Appropriation. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  \ 

,N.J., ,190..   / 

To  the  Collector  of County  : 

Pay  to  the  order  of  the  Custodian  of  School  Moneys  of  the 

School  District  of , dollars,  being  the  amount 

apportioned  out  of  the  State  Appropriation  of  $200,000  for  the 
support  of  Public  Schools  in  said  District,  for  the  School  Year 
beginning  July  1st,  190. . 


County  Superintendent. 


FOR  SCHOOL  OFFICERS.  141 


VIII.    (Form  No.  27.)  —  Order  on  the  County  Collector  for  the  State 

School  Tax. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  ) 
........  ,N.  J.,  ........  ,190..      / 

To  the  Collector  of  ......  County  : 

Pay  to  the  order  of  the  Custodian  of  School  Moneys  of  the 
School  District  of  ........  ,   ........  dollars,  being  the  amount 

apportioned  out  of  the  State  School  Tax  for  the  support  of  Public 
Schools  in  said    District,    for  the  School  Year  beginning  July 

1st,  190.. 

' 


OP  TKK 

UNIVERSITY 


*2f  CALlFO*Si£  County  Superintendent 


IX.    (Form  No.  28.)— Order  on  the  County  Collector  for  the 
Reserve  Fund. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  \ 

,N.  J., ,  190..     '/ 

To  the  Collector  of County  : 

Pay  to  the  order  of  the  Custodian  of  School  Moneys  of  the 

School  District  of , dollars,  being  the  amount 

apportioned  out  of  the  Reserve  Fund  for  the  support  of  Public 
Schools  in  said  District,  for  the  School  Year  beginning  July 
1st,  190.. 


County  Superintendent. 


X.    (Form  No.  29.) — Order  on  the  County  Collector  for  the 
Interest  of  Surplus  Revenue. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  ) 

,  N.  J., ,190..      / 

To  the  Collector  of County  : 

Pay  to  the  order  of  the  Custodian  of  School  Moneys  of  the 

School  District  of , dollars,  being  the  amount 

apportioned  out  of  the  Interest  of  the  Surplus  Revenue  for  the 


142  BLANKS   AND   FORMS 

support  of  Public  Schools  in  said  District,  for  the  School  Year 
beginning  July  1st,  190. . 


County  Superintendent. 


XL     (Form  No.  3O.)— Order  on  County  Collector  for  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  1 

,N.  J., ,190..       ] 

To  the  Collector  of County  : 

Pay  to  the  order  of  the  Custodian  of  School  Moneys  of  the 

School  District  of , dollars,  being  the  amount 

of  balance  of  the  State  Appropriation  reapportioned  to  said  Dis- 
trict for  the  support  of  Public  Schools,  for  the  School  Year 
beginning  July  1st,  190. . 

i , 

County  Superintendent. 


XII.    (Form  No.  31.)— Order  on  the  County  Collector  for  Examiner's 

Salary. 

No OFFICE  OF  COUNTY  SUPERINTENDENT,) 

.N.J., ,190..      / 

To  the  Collector  of County  : 

Pay  to  the  order  of ,  County  Examiner, 

dollars,  being  the  amount  due  him  for  services  and  traveling 

expenses  at  the ,  190 . . ,  session  of  the  Board  of  County 

Examiners. 


County  Superintendent. 


XIII.     (Form  No.  89.)— Notice  to  District  Clerk  that  Teacher  has 

filed  Report. 

,  N.  J.,  190.. 

To ,  District  Clerk  : 

SIR — You  are  hereby  notified  that has  filed 

annual  report  with  me,  as  required  by  law. 


County  Superintendent. 


FOR  SCHOOL  OFFICERS.  143 

XIV.    Notice  to  Teacher  Revoking  His  Certificate. 

To    : 

SIR — The  certificate  of  qualification  held  by  you  as  a  Public 

School  teacher  in  the  County  of ,  issued  on  the 

day  of ,  190. . ,  is  hereby  revoked,  for  the  reason  that 

[here  state  reason  why  certificate  is  revoked'] . 

'  Dated  this day  of ,  190. . 


County  Superintendent. 

See  Rules  8  and  9  of  the  State  Board  of  Education. 


XV.    Notice  to  District  Clerk  Informing  Him  of  the  Revocation 
of  Teacher's  Certificate. 

To ,  District  Clerk  of  the  School  District  of 

of  the  County  of : 

SIR — You  are  hereby  notified  that  on  the day  of , 

190 . . ,  the  certificate  of  qualification  held  by ,  a  teacher 

in  your  Township,  was  revoked  for  the  reason  that  the  said 

does  not  possess  the  requisite  qualifications  as  a  teacher 

in  respect  to  [moral  character,  learning  or  ability  to  teach,  as  the 
case  may  be] . 

Dated  this day  of ,  190. .. 


County  Superintendent. 

NOTE. — When  a  teacher's  certificate  is  revoked,  a  notice  similar  to  the  above 
should  also  be  sent  to  the  Custodian  of  the  School  Moneys  of  the  District  in  which 
the  teacher  has  been  engaged. 


XVI.    Form  of  Certificate  Condemning  a  School-House. 

This  is  to  certify  that  I,  the  undersigned,  have  this  day  con- 
demned Public  School-house  No ,  in  the  School  District  of 

and  County  of ,  as  being,  in  its  present  con- 
dition, inadequate  and  unsuited  to  the  number  of  pupils  attend- 
ing or  desiring  to  attend  said  school.  [Here  give  reasons.'] 

Dated  this day  of ,  190. . 


County  Superintendent. 


144  BLANKS   AND   FORMS 

Approved  this day  of ,  190. .,  and  this  order 

shall  take  effect  on  the day  of ,  190 . . 


State  Superintendent  Public  Instruction. 

NOTE. — The  original  should  be  filed  with  the  Custodian  of  School  Moneys,  a  copy 
retained  by  the  County  Superintendent,  and  a  copy  filed  with  the  State  Superin- 
tendent and  with  the  District  Clerk. 


XVII.   Notice  to  the  Custodian  of  School  Moneys  of  Apportion- 
ment of  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  ) 

,  N.  J., ,  190..  / 

To  the  Custodian  of  School  Moneys  of  the  School  District  of 


The  amount  of  balances  of  the  State  Appropriation  due  your 
School  District,  under  section  196  of  the  School  Law,  is  $ 


County  Superintendent. 


XVIII.  Notice  to  District  Clerk  of  Apportionment  of  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  ) 

,  N.  J., 190..       / 

,  D.  C.,  School  District  of : 

I  have  this  day  apportioned  to  your  District,  from  the  balances 

of  the  State  Appropriation,  the  sum  of  $ for  the  School 

Year  beginning  July  1st,  190. . 


County  Super  intenden  t. 

XIX.  Appointment  of  a  President  or  District  Clerk. 

To : 

The  office  of  President  (or  District  Clerk)  of  the  Board  of 

Education  of  the  School  District  of ,  in  the  County  of 

,  being  vacant  through  failure  of  the  Board  of  Education 

to  elect  according  to  law,  you  are  hereby  appointed  to  fill  such 


FOR  SCHOOL  OFFICERS.  145 

vacancy  until  the  next  annual  meeting  for  the  election  of  mem- 
bers of  the  Board  of  Education  in  said  district. 
Dated  this day  of ,  190. . 


County  Superintendent. 


XX.  Notice  to  the  Custodian  of  School  Moneys,  directing  him  to 
•withhold  School  Moneys  from  a  Teacher. 

To  the  Custodian  of  School  Moneys  of  the  School  District  of 


SIR — You  are  hereby  directed  to  withhold  all  further  payment 

of  salary  to ,  a  teacher  now  employed  in  School 

No . . . . ,  situated  in  your  School  District,  said  teacher  not  being 
in  possession  of  a  certificate  [or  not  having  kept  the  School  Reg- 
ister], as  is  required  by  the  School  Law. 

Dated  this. . day  of ,  190. . 


County  Superintendent. 


XXI.  Notice  to  the  Custodian  of  School  Moneys,  directing  him  to 
withhold  School  Moneys  from  a  District 

To  the  Custodian  of  School  Moneys  of  the  School  District  of 


SIR — You  are  hereby  directed  to  withhold  [here  state  the  amount 
in  words]  from  the  school  moneys  apportioned  to  your  School 
District  \liere  state  the  reason  why  the  money  is  withheld] . 

Dated  this day  of ,  190. . 


County  Superintendent. 
10 


146  BLANKS   AND   FORMS 


FORMS  FOR  DISTRICT  SUPERINTENDENTS. 


XXII.     (Form  No.  33.)— Application  for  State  Aid  for  School 

Library. 

,N.J., ,190.. 

To  the  State  Superintendent  of  Public  Instruction  : 

SIR — We,  the  undersigned,  Superintendent  and  Secretary  of 

the  Board  of  Education  of  the  School  District  of ,  County 

of . . ,  State  of  New  Jersey,  do  hereby  certify  that  there  has 

been  raised  in  our  district  the  sum  of dollars,  for  the 

purpose  of  establishing  a  school  library  in  the  School 

in  said  District,  in  accordance   with  the  provisions  of  Article 
XXVI.,  section  232,  of  the  revised  School  Law,  and  we  therefore 

request  you  to  send  to ,  Custodian  of  School  Moneys  of 

said  District,  an  order  for  the  amount  due  from  the  State  in 
accordance  with  the  further  provisions  of  said  article. 


District  Superintendent. 

Secretary  Board  of  Education. 

.STATE  or  NEW  JERSEY,) 

.COUNTY  OF / 

,  Superintendent  of  the  School  District , 

"in  the  County  of ,  being  duly  sworn,  on  his  oath  ,saith 

that  the  within  statement  is  true. 


Sworn  and  subscribed  before  me  this  "} 
day  of ,  190...  V 


XXIII.     (Form  No.  39.)— Teacher's  Contract. 

It  is  agreed  between  the  Board  of  Education  of in  the 

County  of .and that   said  Board  of  Education 

has  employed  and   does  hereby  engage  and   employ  the  said 


FOR  SCHOOL   OFFICERS.  147 

.    • 

to  teach  in  the public  school /ttrider  the  control 

of  said  Board  of  Education,  for  the  term  of year. . . . 

from  the day  of 190 . . ,  at  the  salary  of  $ 

to  be  paid  in equal  monthly  installments ;    

that  the  said shall  begin  teaching  on  the day 

of '. .  190 . .  ;  that  the  said holds  a  valid 

grade certificate  to  teach  now  in  full  force  and  effect,  or 

will  procure  such  certificate  before  the  date he  shall  begin 

teaching,  and  that  the  date  when  said  certificate  will  expire  is 
the day  of 190.. 

It  is  hereby  agreed  that  either  of  said  parties  to  this  contract 
may,  at  any  time,  terminate  said  contract  and  the  employment 
aforesaid,  by  giving  to  the  other  party  [here  insert  length  of  time'] 
notice  in  writing  of  its  election  to  so  terminate  the  same. 

The  said hereby  accepts  the  employment  aforesaid 

and  undertakes  that he  will  faithfully  do  and  perform 

duty  under  the  employment  aforesaid,  and  will  observe 

and  enforce  the  rules  prescribed  for  the  government  of  the  School 
by  the  Board  of  Education  and  the  Superintendent,  or  Principal, 
or  Supervising  Principal. 

Dated  this day  of 190. . 


President  of  the  Board  of  Education 

of  the  School  District  of , 

County  of 


Teacher. 


XXIV.     (Form  No.  4O. )— Application  for  State  Aid  for  Manual 

Training. 

N.  J., ,190.. 

To  the  State  Superintendent  of  Public  Instruction  : 

SIR — We  hereby  certify  that  for  the  School  Year  beginning 

July  1st,  190 . . ,  there  has  been  raised  by in  the  School 

District  of ,  in  the  County  of ,  the  sum  of 


148  BLANKS   AND   FORMS 

dollars,  for  the  purpose  of course  of  Manual  Training 

pursued  in  the  schools  of  said  District,  and  that  said  amount  has 
been  appropriated  for  such  purpose. 

This  application  is  made  in  accordance  with  the  provisions  of 
Article  XXV.   of  the  revised   School   Law,   and   we   therefore 

request  you  to  draw  an  order  in  favor  of ,  Custodian  of 

the  School  Moneys  of  said  District,  for  the  amount  due  from  the 
State,  in  accordance  with  the  further  provisions  of  said  article. 


President  of  the  Board  of  Education 

of  the  School  District  of , 

County  of 

Attest : 


Secretary  of  the  Board  of  Education. 


FOR  SCHOOL  OFFICERS.  149 


FORMS  FOR  DISTRICT  CLERKS. 

XXV.  (Form  No   3.)— Notice  for  Annual  Meeting  for  the  Election 
of  Members  of  the  Board  of  Education. 

Notice  is  hereby  given  to  the  legal  voters  of  the  School  Dis- 
trict of ,  in  the  County  of ,  that  the  annual 

School  meeting  for  the  election  of  members  of  the  Board  of 

Education  will  be  held  at ,  on  Tuesday,  the 

day  of  March,  190. .,  at o'clock.  .M. 

The  polls  will  remain  open  one  hour,  and  as  much  longer  as 
may  be  necessary  to  enable  all  the  legal  voters  present  to  cast 
their  ballots. 

At  said  meeting  will  be  submitted  the  question  of  voting  a 

tax  for  the  following  purposes  : The  total 

amount  thought  necessary  is  $ 

The  following  propositions  will  also  be  submitted : 

Dated  this day  of  March,  190. . 

•> 

District  Clerk. 

NOTE. — The  above  notice  must  be  posted  in  at  least  seven  public  places  in  the  dis- 
trict, one  copy  being  posted  on  each  school  building  at  least  ten  days  previous  to  the 
time  of  the  meeting.  The  election  must  be  held  on  the  third  Tuesday  of  March. 
Each  item  of  business  to  be  acted  on  must  be  particularly  specified  in  the  notice. 


XXVI.    Notice  for  a  Special  District  Meeting. 

Notice  is  hereby  given  to  the  legal  voters  of  the  School  Dis- 
trict of ,  in  the  County  of ,  that  a  special  School 

meeting  will  be  held  at ,  on  the day  of ,  190 . . , 

at. . .  .o'clock  in  the  . . .  .noon,  at  which  meeting  will  be  sub- 
mitted the  following  questions  [here  particularly  specify  each  item 
of  business  to  be  acted  upon] . 

Dated  this day  of ,  190. . 


President. 
District  Clerk. 


150  BLANKS   AND   FORMS 

XXVII.  Various  Specifications  of  Business  to  be  Transacted  that 
may  be  Inserted  in  any  Notice  for  District  Meeting,  as  they 
may  be  Needed. 

To  authorize  the  board  of  education  to  purchase  land  and  to 
erect  and  furnish  a  school-house  thereon ; 

To  see  if  the  district  will  take  measures  for  the  repair,  altera- 
tion, enlarging  or  furnishing  of  a  school-house  already  erected  ; 

To  raise  money  by  district  tax  to  pay  the  expenses  of  such 
erection,  alteration  or  repair  ; 

To  authorize  the  board  to  borrow  money  to  defray  the  expenses 
of  such  erection,  alteration  or  repair,  and  to  provide  for  the  pay- 
ment of  the  same  by  ordering  a  district  tax  [or  by  bonding  the 
district,  as  the  case  may  be]  ; 

To  see  if  the  district  will  vote  a  sufficient  district  tax  to  defray 
the  current  expenses  of  the  schools  during  the  ensuing  year 
[current  expenses  include  principals',  teachers',  janitors'  and 
medical  inspectors'  salaries,  fuel,  text-books,  school  supplies, 
flags,  transportation  of  pupils,  tuition  of  pupils  attending  school 
in  other  districts  with  the  consent  of  the  board  of  education, 
school  libraries,  compensation  of  the  district  clerk,  of  the  custo- 
dian of  school  moneys  and  of  truant  officers,  truant  schools, 
insurance  and  the  incidental  expenses  of  the  schools]  ; 

To  order  a  district  tax  for  the  payment  of  a  debt  of 

dollars,  now  resting  upon  the  school-house  property  ; 

To  order  the  sale  of  the  present  school-house  property,  and  to 
decide  what  disposition  shall  be  made  of  the  proceeds  ; 

To  authorize  the  board  to  condemn  land  for  school  purposes ; 

To  authorize  the  board  to  renew  outstanding  bonds ; 

To  see  if  the  district  will  reduce  the  number  of  members  of  the 
board  of  education. 

To  see  if  the  district  will  agree  to  establish  a  union-graded 
school ; 

To  order  a  district  tax  for  manual  training. 


FOR  SCHOOL  OFFICERS.  151 

XXVIII.    Order  of  Business  at  a  District  School  Meeting. 

1.  Choose  a  chairman  and  secretary. 

2.  Read  the  notice  calling  the  meeting. 

3.  Report  of  district  clerk. 

4.  Appointment  of  tellers  by  the  chairman. 

5.  Transaction  of  the   business  for  which  the   meeting  was 
called,  as  set  forth  in  the  notice. 

6.  Miscellaneous  business. 

7.  Adjournment. 

XXIX.    (Form  No.  12.)— Order   on   Custodian  of  School  Moneys 
for  Teacher's  Salaries. 

No....  ,  N.  J., ,  190.. 

To ,  Custodian  of  School  Moneys  of  the  School  District 

of 

County  of ,  State  of  New  Jersey  : 

Pay  to  the  order  of ,  Teacher dollars,  being 

the  amount  of  salary  due for  teaching  in  Public  School 

No . . . . ,  of  the  School  District  of ,  from ,  190 . . 

to ,190.. 

,  President,          )  Board  of  Education  of  the 

,  District  Clerk.  J      School  District  of. 

I  hereby  certify  that ,  the   Teacher  in  whose  favor 

this  order  is  drawn,  is  in  possession  of  a  Teacher's  Certificate,  in 

full  force  and  effect,  and   that has   properly  kept  the 

School  Register,  as  required  by  law,  and  that  I  have  certified 
thereto  in  said  Register. 


District  Clerk. 

NOTE  —Money  raised  by  district  tax  can  be  used  for  such  school  purposes  as  are 
specified  at  the  meeting  at  which  the  money  is  ordered.  All  other  school  money 
must  be  reserved  for  the  payment  of  teacher's  salary,  fuel  bills,  transportation  of 
pupils  and  tuition  of  pupils  in  adjoining  districts. 

Payments  can  be  made  only  for  the  support  of  those  schools  that  conform  in  all 
respects  to  the  provisions  of  the  school  law,  and  to  those  teachers  only  who  possess 
certificates  in  full  force  and  effect,  covering  the  time  for  which  salary  is  demanded, 
and  who  have  kept  the  school  register  in  the  manner  prescribed. 

The  custodian  of  school  moneys  should  invariably  refuse  to  pay  orders  until  he  is- 
satisfied  that  all  these  conditions  have  been  complied  with. 


152  BLANKS   AND   FORMS 


XXX.  (Form  No.  13.)— Order  on  the  Custodian  of  School  Moneys 
for  District  Tax  Raised  for  Other  Purposes  than  the  Payment 
of  Teachers'  Salaries. 

No ,  N.  J., ,  190.. 

To ,  Custodian  of  School  Moneys  of  the  School  Dis- 
trict of ,  County  of ,  State  of  New  Jersey  : 

Pay  to  the  order  of , dollars,  for  [here  state 

for  what  purpose  the  money  is  to  be  paid~] ,  out  of  the  funds  raised 
by  District  Tax  now  in  your  hands. 

,  President.          )  Board  of  Education  School  Dis- 

,  District  Clerk,  f      trict  of ,  County  of 


XXXI.     (Form  No  14.)- Notice  by  District  Clerk  to  County  Super- 
intendent of  the  Election  of  Members  of  Board  of  Education. 

To ,  County  Superintendent : 

SIR — The  legal  voters  of ,  at  the  annual  school  meet- 
ing held  on  the day  of  March,  190 . . ,  elected 

as  members  of  the  Board  of  Education  in  the  place  of 

,  whose  terms  had  expired. 

The  Board  of  Education  now  consists  of — 

Name.         Address. 

Mr , ,  whose  term  expires  190 . . 

"  "         "          "       190.. 


"    ,  . . ,  "  190. . 

"    , ,  "  "  "  190.. 

"    , ,  "  "  "  190. . 

"    , ,  "  "  "  190. . 

"    , ,  "  "  "  190.. 

"    , ,  "  "  190.. 

"    , ,  "  "  "  190.. 


The  Board  has  organized  by  the  election  of  Mr as 

President,  and  Mr as  District  Clerk. 


District  Clerk. 

NOTE. — This  notice  should  be  sent  to  the  county  superintendent  as  soon  after  the 
election  as  possible.  It  may  be  sent  by  the  district  clerk  or  the  secretary.  If  the 
district  is  divided  into  precincts,  designate  for  which  precinct  each  member  is  elected. 


FOR   SCHOOL   OFFICERS.  153 

XXXII.  (Form  No.  17.)— Report  of  District  Clerk  to  County  Super- 
intendent of  the  Amount  of  District  School  Tax  Ordered  to 
be  Raised. 

To ,  County  Superintendent  of County  : 

The  legal  voters  of  the  School  District  of ,  in  the 

County  of ,  met  at ,  a  convenient  public  place 

within  the  District,  on  the day  of ,  190 . . ,  and 

notice  thereof,  setting  forth  the  time,  place  and  object  of  said 

meeting,  specifying dollars  as  the  amount  of  money 

thought  necessary  to  be  raised,  was  given  by  the  District  Clerk, 

and  set  up  at public  places  within  the  District  ten  days 

before  the  meeting,  and  the  said  legal  voters,  so  met,  by  the  con- 
sent of  a  majority  of  those  present,  authorized  the  Board  of  Edu- 
cation of  said  District ,  and  ordered,  by  a  like  vote, 

dollars  for  the  purpose  of ,  and dollars  for  the 

purpose  of ,  amounting  in  all  to dollars,  which 

sum  is  not  in  excess  of  the  amount  thought  to  be  necessary  as 
set  forth  in  the  notices. 

Dated  this... day  of ,  190.. 


District  Clerk. 
STATE  OF  NEW  JERSEY,  ) 

COUNTY  OF ]  ss' 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  the  School  District  of ,  in  the  County  of 

,  and  that  the  above  statement  is  correct  and  true. 

Sworn  and  subscribed  before  me,  this day  of , 

190.. 


XXXIII.  (Form  No.  17.) -Certificate  of  the  Amount  of  School  Tax 
Voted  to  be  Raised  in  a  School  District,  to  be  Delivered  by 
the  District  Clerk  to  the  Township  Assessor. 

To ,  Assessor  of Township, County, 

State  of  New  Jersey  : 

The  legal  voters  of  the  School  District  of ,  in  the 

County  of ,  met  at ,  a  convenient  public  place 


154  BLANKS   AND   FORMS 

within  the   district,  on  the day  of ,  190 . . ,  a 

notice  thereof,  setting  forth  the  time,  place  and 'object  of  said 

meeting,  and  specifying dollars  as  the  amount  of  money 

thought  necessary  to  be  raised,  was  given  by  the  District  Clerk, 

and  set  up  at places  within  the  district,  ten  days  before 

the  meeting  ;  and  the  said  legal  voters,  so  met,  by  the  consent  of 
a  majority  of  those  present,  authorized  the  Board  of  Education 
of  said  district  [to  purchase  lands,  &c.,  as  the  case  may  be~\ ,  and 

ordered   by  a  like  vote dollars  for  the  purpose  of  [as 

purchasing  land] ,  and dollars   for   the  purpose  of    [as 

building  a  school-house],  &c.,  amounting  in  all  to dollars, 

which  sum  is  not  in  excess  of  the  amount  thought  to  be  necessary, 
as  set  forth  in  the  notices,  and  you  are  therefore  directed  to  assess 

the  said  sum  of dollars  on  the  inhabitants  of  said  School 

District  and  their  estates,  and  the  taxable  property  therein,  pur- 
suant to  the  statute  in  such  case  made  and  provided. 
Dated  this day  of ,  190. . 


District  Clerk. 
STATE  OF  NEW  JERSEY,  ) 

v  90 

COUNTY  OF y 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the  Dis- 
trict Clerk  of  the  School  District  of ,  in  the  County  of 

,  and  the  above  statement  by  him  is  correct  and  true. 

Sworn  and  subscribed  before  me  this day  of , 

190.. 


NOTES  TO  XXXII.  AND  XXXIII  —The  certificate  must  state  for  what  object  or 
objects  the  money  is  raised.  3  Vr.  444.  If  more  than  one  object  is  specified,  the 
amount  of  money  apportioned  to  each  must  be  stated.  7  Vr.  89. 

A  district  tax  ordered  for  the  purpose  of  "maintaining  a  school"  is  illegal.  The 
express  purpose  for  which  the  money  is  to  be  used  must  be  stated  and  voted  upon. 

The  law  requires  that  notice  of  the  above  action  should  also  be  sent  to  the  county 
superintendent. 


FOR  SCHOOL  OFFICERS.  155 


XXXIV.     (Form  No.  2O.)— Affidavit  to  Bills  Presented  to  a  Board 

of  Education. 

STATE  OF  NEW  JERSEY,  )  §g 

COUNTY,  j 

,  of  full  age,  being  duly  sworn,  on  his  oath 

saith  that  the  goods  or  services  itemized  in  the  annexed  bill  have 
been  delivered  or  rendered ;  that  no  bonus  has  been  given  or 
received  by  any  person  or  persons  in  connection  with  the  same ; 
that  the  same  is  correct  and  true,  and  the  amount  therein  stated 
is  justly  due  and  owing  as  set  forth. 

Sworn  and  subscribed  before  me, "}  

this day  of ,   190..  V 


XXXV.    (Form  No.  32.)— Application  for  State  Aid  to  Establish 

a  School  Library. 

,N.J. ,190.. 

To  the  State  Superintendent  of  Public  Instruction  : 

SIR — We,  the  undersigned,  President  and  District  Clerk  of  the 

Board  of  Education  of  the  School  District  of ,  County 

of ,  State  of  New  Jersey,  do  hereby  certify  that  there  has 

been  raised  in  School  No . . . . ,  by   [special  tax,  subscription,  or 

entertainment,  as  the  case  may  be] ,  the  sum  of dollars,  for 

the  purpose  of  establishing  [or  maintaining,  as  the  case  may  be]  a 

School  Library  in  said  School ,  in  accordance  with  the 

provisions  of  Article  XXVI.,  Section  232  of  the  revised  School 
Law.  And  we,  therefore,  request  you  to  send  an  order  for  the 
amount  due  us  from  the  State  in  accordance  with  the  further 
provisions  of  said  article. 


President. 

' ? 

District  Clerk. 


156  BLANKS   AND   FORMS 

STATE  OF  NEW  JERSEY,  \ 
COUNTY,         js< 

,  District  Clerk  of  the  School  District  of ,  in 

the  County  of ,  being  duly  sworn,  on  his  oath  saith  that 

the  within  statement  is  true. 

Sworn  and  subscribed  before  me,  this *)  

day  of ,  A.  D.  190..  V 

NOTE. — The  first  appropriation  is  twenty  dollars,  and  subsequent  appropriations 
ten  dollars  each. 


XXXVI.     (Form  No.  34.) — Report  of  Purchases  Made  for  School 

Library. 

,  190.. 

To  the  State  Superintendent  of  Public  Instruction  : 

I  hereby  report  that  the  following  purchases  have  been  made 
for  our  School,  with  the  amount  raised  in  the  District,  and  the 
appropriation  received  from  the  State. 


District  Clerk. 

N.  B. — This  report  must  be  made  in  order  that  the  district  may  be  entitled  to 
future  payments.  It  should  give  the  names  and  prices  of  the  several  articles  pur- 
chased. 


XXXVII.     (Form  No.  39.)— Teacher's  Contract. 

It  is  agreed  between  the  Board  of  Education  of in  the 

County  of and that  said  Board  of  Education  has 

employed  and  does  hereby  engage  and  employ  the  said 

to  teach  in  the public  school,  under  the  control  of  said 

Board  of  Education,  for  the  term  of year from  the 

day  of 190 . . ,  at  the  salary  of  $ ,  to  be 

paid  in equal  monthly  installments  ;  that  the  said 

shall  begin  teaching  on  the day  of 190 . .  ;  that 

the  said holds  a  valid grade certificate 

to  teach  now  in  full  force  and  effect,  or  will  procure  such  certifi- 
cate before  the  date he  shall  begin  teaching,  and  that  the 


FOR  SCHOOL   OFFICERS.  157 

date  when  said  certificate  will  expire  is  the day  of 

190.. 

It  is  hereby  agreed  that  either  of  said  parties  to  this  contract 
may,  at  any  time,  terminate  said  contract  and  the  employment 
aforesaid,  by  giving  to  the  other  party  [here  insert  length  of  time] 
notice  in  writing  of  its  election  to  so  terminate  the  same. 

The  said hereby  accepts  the  employment  aforesaid 

and  undertakes  that. . .  .he  will  faithfully  do  and  perform 

duty  under  the  employment  aforesaid,  and  will  observe  and 
enforce  the  rules  prescribed  by  the  government  of  the  School  by 
the  Board  of  Education  and  the  Superintendent,  or  Principal,  or 
Supervising  Principal. 

Dated  this day  ctf ,  190. . 


President  of  the  Board  of  Education 

of  the  School  District  of 

County  of 


Teacher. 


XXXVIII.    (Form  No.  4O.)- Application  for  State  Aid  for  Manual 

Training. 

To  the  State  Superintendent  of  Public  Instruction  : 

SIR — We  hereby  certify  that  for  the  School  Year  beginning 

July  1st,  190 . . ,  there  has  been  raised  by in  the  School 

District  of ,  in  the  County  of ,  the  sum  of 

dollars,  for  the  purpose  of course  of  Manual  Training 

pursued  in  the  Schools  of  the  District,  and  that  said  amount  has 
been  appropriated  for  such  purpose. 

This  application  is  made  in  accordance  with  the  provisions  of 
Article  XXV.  of  the  School  Law,  and  we  do  hereby  make  appli- 
cation for  a  State  appropriation,  equal  to  the  sum  of  money  so 
raised  and  appropriated  as  aforesaid. 


Attest :  President. 
• ? 

District  Clerk. 


158  BLANKS   AND   FORMS 

XXXIX.     (Form  No.  42.)— Bond  to  be  Issued  for  Loan. 

No Bond  of  School  District  of  the of 

$ County,  N.  J. 

Know  all  men  by  these  presents,  that  "  The  Board  of  Educa- 
tion of  the  School  District  of ,  in  the  County  of ," 

in  the  State  of  New  Jersey,  is  justly  indebted  unto ,  or 

bearer,  in  the  sum  of dollars,  lawful  money  of  the  United 

States  of  America,  to  be  paid  to  the  said ,  or  bearer,  on 

the day  of ,  190 . . ,  at  the bank  at , 

N.  J.,  with  interest  therefor  from  the  date  hereof,  at  the  rate  of 

per  centum  per  annum,  payable  semi-annually,  on  the 

days  of and in  every  year,  at  the  bank 

aforesaid,  on  the  presentation  of  the  annexed  coupons,  as  they 
shall  severally  become  due. 

This  is  one  of  a  series  of  coupon  bonds  issued  by  the  Board  of 
Education  of  said  School  District,  amounting  in  the  aggregate 
to dollars,  numbered  from to ,  both  in- 
clusive ;  and  all  of  said  bonds  have  been  issued  for  money  bor- 
rowed by  said  Board  of  Education  under  the  provisions  of  Article 
XXI.  of  an  act  entitled  "An  act  to  establish  a  system  of  public 
instruction  "  [Revision  of  one  thousand  nine  hundred] ,  approved 
March  23d,  1900,  and  by  the  consent  of  the  inhabitants  of  said 

district  lawfully  given,  at  a  meeting  lawfully  held,  on , 

190.. 

In  witness  whereof,  on  the day  of ,  in  the  year 

nineteen  hundred  and ,  this  bond  is  signed  by  the  Presi- 
dent of  the  Board  of  Education  of  the of ,  and 

attested  by  the  District  Clerk,  under  the  seal  of  the  Board. 


Attest :  President. 

•  • > 

District  Clerk. 

[Form  of  Coupon  to  be  attached  to  the  above  Bond.'] 
School  District  of  the of ,  County  of ,  N.  J. 


FOR   SCHOOL   OFFICERS.  159 


SCHOOL-HOUSE    LOAN. 

Interest  warrant  for dollars,  payable  at  the 

bank,  at ,  N.  J.,  to  bearer, ,  190 ..,  for  six  months' 

interest  on  Bond  No ... , 

,D.C. 


XT.     (Form  No.  59.)— Notice  to  the  Assessor  of  Amount  of  Tax 
to  be  Raised  for  Bonds  and  Interest. 

To ,  Assessor  of  the of ,  County  of : 

You  are  hereby  directed  to  assess  upon  the  inhabitants  of  the 

School  District  of ,  and  upon  their  estates,  and  the  taxable 

property  therein,  the  sum  of dollars,  pursuant  to  the  stat- 
ute in  such  case  made  and  provided. 

The  sum  ordered  to  be  assessed  is  to  be  used  for  the  purpose 
of  paying  the  principal  and  interest  falling  due  during  the  year 
for  which  said  assessment  is  made,  on  the  bonds  of  the  School 

District  of ,  in  the  County  of 

Dated  this day  of ,  190. . 

,  President.          \  Board  of  Education 

,  District  Clerk,  f      of 


XLI.     (Form  No.  59.)— Notice  to  County  Superintendent  of  Tax 
for  Bonds  and  Interest. 

To ,  County  Superintendent, County  : 

You  are  hereby  notified  that  the  Assessor  of  the of , 

County  of ,  has  been  directed  to  assess  the  sum  of 

dollars,  for  the  purpose  of  paying  the  principal  and  interest  fall- 
ing due  during  the  year  for  which  said  assessment  is  made  on 

the  bonds  of  the  school  district  of ,  in  the  County  of 

Dated  this day  of ,  190. . 

,  President.          1  Board  of  Education 

,  District  Clerk.  J      of 


160  BLANKS   AND   FORMS 

XLII.     (Form  No.  61.)— Report  of  Proceedings  Authorizing  the 
Issue  of  Bonds. 

MINUTES    OF    BOARD    OF    EDUCATION    MEETING. 

Pursuant  to  notice  given  fo  each  member,  the  Board  of  Edu- 
cation of  the  School  District  of ,  in  the  County  of - , 

met  at ,  on  the day  of ,  190 ..,  at ....  o'clock 

in  the There  were  present  Messrs On  motion  of 

Mr . it  was  resolved  that  the  District  Clerk  is  hereby  directed 

to  post  notices  calling  a  meeting  of  the  legal  voters  of  the  Dis- 
trict, said  meeting  to  be  held  at ,  on  the ....  day  of , 

at o'clock  in  the ,  and  that  in  said  notices  he  state  the 

following  items  of  business  to  be  acted  upon  at  said  meeting : 


District  Clerk. 
STATE  OF  NEW  JERSEY,  ) 

COUNTY  OF J  ss' 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  the  School  District  of ,  in  the  County  of 

,  and  that  the  foregoing  is  a  true  copy  of  the  proceedings 

and  resolutions  adopted   by  the   Board  of  Education  of  said 

School  District  at  a  meeting  held  on  the day  of 190. . 

Sworn  and  subscribed  before  "|        

me,  this day  of. ,  > 

190..  J 


NOTICE. 


Notice  is  hereby  given  to  the  legal  voters  of  the  School  District 

of ,  in  the   County  of ,    that  a school 

meeting  will  be  held  at ,  on  the day  of , 

190 . . ,  at o'clock  in  the ,  at  which  meeting  will 

be  submitted  the  following  propositions  : 


The  amount  of  money  thought  to  be  necessary  for  the  fore- 
going is ....  dollars. 


FOR  SCHOOL  OFFICERS.  161 

To   authorize  the  Board  of  Education  to  borrow  the  money 
ordered  to  be  raised  by  issuing  the  bonds  of  the  District. 
Dated  ........  ,  190.. 

....................  ,  President.  \  School  District  of 


STATE  OF  NEW  JERSEY,  )  ss 

COUNTY  OF  .......       j 

........  ,  being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  the  School  District  of  ........  ,  in  the  County 

of  ........  ,  and  that  he  posted  ........  copies  of  a  notice,  of 

which  the  foregoing  is  a  true  copy,  on  the  .......  day  of  .......  , 

190  .  .  ,  in  public  places  in  said  District,  one  copy  being  posted  on 
each  school-house  in  the  District,  and  that  the  said  notices  were 
posted  in  all  respects  according  to  law. 

Sworn  and  subscribed  before  ^        ...................... 

me,  this  .......  day  of  .......  ,  > 

190..  J 


DISTRICT    MEETING. 

The  legal  voters  of  the  School  District  of ,  in  the 

County  of ,  met  at ,  on  the day  of , 

190. .,  at o'clock  in  the ,  pursuant  to  legal  notice,  a 

copy  of  which  notice  is  hereto  appended.  Mr was 

elected  Chairman,  and  Mr Secretary  of  the  meeting. 

The  Secretary  read  the  notice  calling  the  meeting. 

The  following  resolutions  were  adopted  : 

Resolved,  That  the  Board  of  Education  be  authorized  to  pur- 
chase, as  a  lot  on  which  to  build  a  school-house,  the  plot  of  land 
situated  as  follows  : 


The  cost  of  said  land  not  to  exceed  the  sum  of dollars. 

The   vote  on  this  resolution  was  by  ballot — Ayes,    ; 

Nays 

11 


162  BLANKS   AND   FORMS 

Resolved,  That  the  Board  of  Education  be  authorized  to  erect 
and  furnish  a  school-house  on  said  plot  of  land,  said  school-house 

to  be  built  of and  to  contain rooms,  and  to  cost 

not  more  than dollars. 

The  vote  on  this  resolution  was  by  ballot — Ayes,  ; 

Nays, 

Resolved,  That  for  the  purpose  of  securing  the  money  needed 
to  purchase  said  lot  and  to  erect  and  furnish  said  school-house 

the  sum  of dollars  be  raised  by  issuing  bonds  of  the 

District,  in  the  corporate  name  of  the  District,  in  the  denomina- 
tion of each. 

The  vote  on  this  resolution  was  by  ballot — Ayes,  ; 

Nays, 

Resolved,  That  one  bond  shall  be  issued  for years,  one 

for years,  one  for years,  one  for years. 

And  that  each  year  until  the  last  bond  is  paid  a  tax  shall  be 
levied,  according  to  law,  on  the  property  and  the  inhabitants  of 
the  District  sufficient  to  pay  the  bond  maturing,  together  with 
the  accrued  interest  on  those  then  outstanding. 

The  vote  on  this  resolution  was  by  ballot — Ayes,  ; 

Nays, 


Secretary. 

STATE  OF  NEW  JERSEY,  | 

COUNTY  OF / 

,  being  duly  sworn,  on  his  oath  saith  that  he  was  the 

Secretary  of  the  meeting  of  the  legal  voters  of  the  School  District 

of ,  in  the  County  of ,  and  that  the  foregoing  is 

a  true  copy  of  the  proceedings  and  resolutions  adopted  at  said 
meeting,  and  that  all  votes  taken  at  said  meeting  were  by  ballot, 
and  that  the  ballots,  tally-sheets,  poll-list  and  statement  of  the 
result  of  said  meeting  have  been  filed  with  the  County  Superin- 
tendent, as  required  by  Section  198  of  the  School  Law. 

Sworn  and  subscribed  before  ^        

me,  this .......  day  of ,  > 

190..  J 


FOR  SCHOOL  OFFICERS.  163 

XLIII.     (Form  No.  62.)— Application  for  Loan  from  State 
School  Fund. 

To  the  Trustees  for  the  Support  of  Public  Schools  for  the  State 
of  New  Jersey : 

The  Board  of  Education  of  the  School  District  of ,  in 

the  County  of ,  in  the  State  of  New  Jersey,  ask  to  bor- 
row of  the  Trustees  for  the  Support  of  Public  Schools  the  sum  of 
dollars,  for  the  purpose  of  purchasing  land  and  build- 
ing and  furnishing  a  school-house  in  the  aforesaid  School  District, 
and  offer  as  security  for  said  loan  the  coupon  bonds  of  said  Dis- 
trict to  the  amount  at  par  of  said  loan.  Said  loan  and  bonds 
were  authorized  by  the  inhabitants  of  said  District  when  met, 

upon  due  and  legal  notice,  for  that  purpose,  upon  the 

day  of ,  190. .     The  principal  of  said  loan  is  to  be  paid 

in  installments  of dollars ;  the    first  installment  to  be 

paid  on  the day  of ,  190 . . ;  the  second  install- 
ment to  be  paid  on  the day  of ,190 

with  interest  from  date  at  the  rate  of per  centum  per 

annum,  according  to  the  terms  aforesaid  ;  principal  and  interest 

payable  at  the bank  at. ........  and  the  bonds  hereby 

offered  are  of  the  denomination  of  $ ....  each,  and  are  numbered 
from to ,  both  inclusive. 

We  submit  herewith  a  copy  of  the  proceedings  had  at  said 
meeting  of  said  inhabitants,  a  copy  of  the  minutes  of  the  meeting 
of  the  Board  of  Education  of  said  District  at  which  the  posting 
of  the  notices  calling  said  meeting  of  the  inhabitants  was  ordered, 
a  copy  of  the  notices  calling  said  meeting  duly  verified  by  affi- 
davit, and  the  approval  of  the  Attorney-General  as  to  the  legality 
of  said  proceedings. 

Dated ,  N.  J., ,  190.. 


President. 
District  Clerk. 


164  BLANKS   AND   FORMS 

XLIV.     (Form  No.  63.)— Directions  for  Bonding  a  District. 

1.  There  must  be  a  regularly-called  meeting  of  the  board  of 
education,  of  which  meeting  all  the  members  must  have  had 
notice.     At  that  meeting  the  board  must  decide  on  the  amount 
of  money  thought  to  be  necessary.     If  land  is  to  be  purchased, 
the  board  must  decide  upon  the  site  or  sites  they  think  suitable. 
They  must  also  decide  upon  the  time  for  holding  the  district 
meeting,  and  the  form  of  the  resolutions  to  be  inserted  in  the 
notices  to  be  posted  by  the  district  clerk.     Full  minutes  of  the 
meeting  must  be  kept. 

2.  The  district  clerk  must  post  the  notices  ordered  by  the  board 
at  least  ten  days  before  the  date  of  the  meeting  of  the  legal  voters  ; 
the  day  the  notices  are  posted  must  not  be  counted  in  the  ten 
days.     The  notices  must  state  the  time  and  place  of  the  district 
•meeting,  and  all  business  that  is  to  be  acted  upon.     It  must  state 
if  land  is  to  be  purchased,  and,  if  so,  must  describe  the  plot  or 
plots  thought  to  be  suitable  by  the  board.     The  board  may  sub- 
mit more  than  one  site,  if  it  thinks  best,  in  which  case  all  the 
plots  must  be  described  in  the  notices.     The  notices  must  also 
state  the  amount  of  money  thought  to  be  necessary.     It  is  not 
necessary  to  divide  the  amount  among  the  several  objects  in  the 
notices.     The  notices  must  also  state  that  the  question  of  author- 
izing the  board  to  issue  bonds  will  be  submitted.     Not  less  than 
seven  notices  must  be  posted,  one  of  which  notices  must  be  posted 
on  each  school-house  in  the  district.     It  is  not  necessary  that  the 
notices  state  the  number  of  bonds  to  be  issued,  the  denomination 
of  the  bonds,  or  the  time  of  payment.     These  items  should  be 
left  to  the  determination  of  the  legal  voters. 

3.  The  district  meeting  must  decide  the  amount  of  money  to 
be  raised,  and  also  decide  what  portion  of  the  money  so  ordered 
shall  be  used  for  the  purchase  of  land,  and  what  portion  for 
building  and  furnishing  the  school-house.    The  aggregate  amount 
ordered  raised  must  not  exceed  the  sum  named  in  the  notices. 
The  district  meeting  must  also  decide  how  many  bonds  shall  be 
issued,  the  denomination  of  each  bond,  and  the  time  of  its  pay- 


FOR  SCHOOL  OFFICERS.  165 

ment.  It  must  also  select  a  site  from  among  those  offered  by  the 
board  in  the  notices.  The  meeting  may,  however,  reject  all  the 
sites  offered.  All  votes  in  the  district  meeting  must  be  by  ballot. 
Full  minutes  of  the  meeting  must  be  kept. 

4.  The  chairman  must  appoint  two  tellers  to  receive  and  count 
the  ballots.    The  secretary  must  keep  a  poll-list  of  the  voters  and 
tally-sheet  of  the  ballots  as  counted.     The  tally-sheet  must  be 
signed  by  the  chairman  and  tellers.     The  poll-list,  tally-sheet 
and  ballots  must  be  placed  by  the  secretary  in  a  sealed  package, 
indorsed  with  the  name  of  the  district,  the  county  in  which  it  is 
situated  and  the  date  of  the  meeting.     A  statement  of  the  result 
of  the  meeting  must  be  signed  by  the  chairman  and  secretary, 
and,  together  with  said  package,  forwarded  to  the  County  Super- 
intendent within  five  days  after  said  meeting  shall  have  been 
held. 

5.  Two  copies  of  the  minutes  of  the  meeting  of  the  board, 
attested  by  the  district  clerk,  two  copies  of  the  notices  posted, 
attested  by  said  clerk,  and  two  copies  of  the  minutes  of  the  dis- 
trict meeting,  attested  by  the  secretary  of  the  meeting,  must  be 
sent  to  the  State  Superintendent,  one  copy  to  be  approved  by  the 
Attorney-General,  and  the  other  to  be  filed  in  his  office.     When 
it  is  intended  to  borrow  the  money  from  the  State  School  Fund, 
an  application  must  accompany  the  copies  of  the  proceedings 
sent  to  the  State  Superintendent.     Blank  forms  to  be  used  for 
the  copies  of  the  proceedings  to  be  sent  tQ  the  State  Superin- 
tendent may  be  obtained  from  the  County  Superintendent.     In 
making  reports,  only  such  business  as  relates  to  the  purchase  of 
land,  building  and  furnishing  the  school-house  and  bonding  the 
district  need  be  inserted  in  the  copies  of  the  minutes  of  the 
meetings  of  the  board  and  legal  voters.     In  the  blank  for  the 
report  of  the  proceedings  of  the  district  meeting,  a  resolution  is 
inserted  for  the  purchase  of  land ;  when  land  is  not  ordered  to  be 
purchased,  this  resolution  should  be  crossed  out  in  making  the 
report,  also  in  the  application  for  the  loan  from  the  State  School 
Fund. 


166  BLANKS   AND   FORMS 

6.  The  approval  of  the  Attorney-General   must  be  secured 
before  bonds  can  be  legally  issued,  whether  the  money  is  to  be 
borrowed  from  the  State  School  Fund  or  from  private  parties. 

7.  When  district  bonds  have  been  issued,  it  is  the  duty  of  the 
district  clerk,  when  any  bond  is  paid  and  canceled,  to  forward 
said  canceled  bond  to  the  State  Superintendent,  to  be  filed  as 
required  by  law. 

8.  Blank  bonds  will  be  furnished  by  the  State  Superintendent. 


XLV.    Notice  for  a  Meeting  of  the  District  Board  of  Education. 

To : 

You  are  hereby  notified  that  there  will  be  a  meeting  of  the 

Board  of  Education  of  the  School  District  of ,  on 

evening, ,  190 ..,  at o'clock,  in  the  school-house. 

[Date.]  , 

District  Clerk. 


XLVI.    Notice  to  be  given  by  the  Secretary  of  a  District  School 
Meeting  to  the  Officers-elect. 

To : 

You  are  hereby  notified  that  at  the  annual  school  meeting  in 

the  School  District  of ,  in  the  County  of ,  held  on 

the day  of ,  190. .,  you  were  elected  a  member  of 

the  Board  of  Education  in  said  District. 

Dated  this day  of ,  190. . 


Secretary  of  said  Meeting. 


XL VII.    Form  of  a  Lease. 


Know  all  men  by  these  presents,  that  A.  B.,  of  the  Township 
of ,  in  the  County  of ,  in  the  State  of  New  Jer- 
sey, of  the  first  part,  for  the  consideration  herein  mentioned, 


FOR  SCHOOL  OFFICERS.  167 

does  hereby  lease  unto  "  The  Board  of  Education  of  the  School 

District  of ,  in  the  County  of ,"  in  the  State 

aforesaid,  party  of  the  second  part,  and  their  assigns,  the  follow- 
ing-described parcel  of  land  : 

[Here  insert  description  of  land.'] 

Together  with  all  the  privileges  and  appurtenances  thereunto 
belonging  :  To  have  and  to  hold  the  same  for  and  during  the 

term  of years  from  the day  of ,  A.  D. 

190. .  ;  and  the  said  party  of  the  second  part,  for  themselves  and 
assigns,  do  covenant  and  agree  to  pay  the  said  party  of  the  first 
part,  for  said  premises,  the  annual  rent  of dollars. 

In   testimony   whereof,  the   said   parties   have   hereunto   set 

their  hands  and  seals,  this day  of 190 . . 

A.  B.,  Lessor. 

,  President. 

.  District  Clerk. 


XL VIII.    Form  of  a  Deed  of  a  School-House  Site. 

Know  all  men  by  these  presents,  that  A.  B.  [and  C.  B.,  his 

wife,  if  married] ,  in  the  Township  of ,  in  the  County  of 

,  in  the  State  of  New  Jersey,  party  of  the  first  part,  for 

and  in  consideration  of  the  sum  of dollars,  to  them  in 

hand  paid  by  "  The  Board  of  Education  of  the  School  District  of 

,  in  the  County  of ,"  and  State  aforesaid,  party 

of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged, 
do  hereby  grant,  bargain,  sell  and  convey  to  the  said  party  of 
the  second  part,  and  their  assigns,  the  following-described  piece 
of  land,  namely : 

[Here  insert  description  of  land.~\ 

Together  with  all  the  privileges  and  appurtenances  thereunto 
belonging :  To  have  and  to  hold  the  same  to  the  said  party  of 
the  second  part  and  their  assigns  foerever ;  and  the  said  party  of 
the  first  part,  for  themselves,  their  heirs,  executors  and  adminis- 
trators, do  covenant,  bargain  and  agree,  to  and  with  the  said 
party  of  the  second  part,  and  their  assigns,  that  at  the  time  of 
the  ensealing  and  delivery  of  these  presents,  they  are  well  seized 


168  BLANKS   AND   FORMS 

of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  abso- 
lute and  indefeasible  estate  of  inheritance  in  the  law  in  fee- 
simple,  and  that  the  said  lands  and  premises  are  free  from  all 
incumbrances  whatsoever ;  and  that  the  above-bargained  premises, 
in  the  quiet  and  peaceable  possession  of  the  said  party  of  the 
second  part,  and  their  assigns,  against  all  and  every  person  or 
persons  lawfully  claiming  or  to  claim,  the  whole  or  any  part 
thereof,  the  said  party  of  the  first  part  will  forever  warrant  and 
defend. 

In  witness  whereof,  the  said  A.  B.  and  C.  B.,  his  wife,  party 
of  the  first  part,  have  hereunto  set  their  hands  and  seals,  this 

, day  of ,  A.  D.  190 . . 

Signed,  sealed  and  delivered  in  ^  A.  B.    [SEAL.] 

presence  of  C.  B.  ]SEAL.] 

E.  F.  J 

NOTE. —  Such  deeds  should  be  duly  acknowledged  before  a  judge,  commissioner  of 
deeds,  master  in  chancery,  or  other  officer  authorized  by  law  to  take  such  acknowl- 
edgment, and  recorded  in  the  office  of  the  county  clerk.  The  bond  and  mortgage 
given  by  the  board  of  education  to  secure  payment  of  part  of  purchase-money  may 
be  in  the  usual  forms,  and  for  the  execution  of  deeds,  mortgages  and  bonds  each  dis- 
trict should  have  a  corporate  seal.  Notes  given  for  borrowed  money  should  be  in 
the  name  of  the  district  and  signed  by  the  president  and  district  clerk. 


XLIX.    Contract  for  Building  a  School-House. 

Contract  made  and  entered  into  between  A.  B.,  of  the  County 

of ,  State  of  New  Jersey,  and  "  The  Board  of  Education  of 

the  School  District  of ,  in  the  County  of ," 

State  of  New  Jersey. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the 
receipt  whereof  is  hereby  acknowledged,  and  of  the  further  sum 

of dollars,  to  be  paid  as  hereinafter  specified,  the  said  A.  B. 

agrees  to  build  a  frame  school-house  and  to  furnish  the  materials 
therefor,  according  to  the  plans  and  specifications  for  the  erection 
of  said  house  hereto  appended,  at  such  point  in  said  District  as 
the  said  Board  may  designate.  The  said  house  is  to  be  built  of 
the  best  material,  in  a  substantial,  workmanlike  manner ;  and  is 
to  be  completed  and  delivered  to  said  Board,  or  their  successors 


FOR  SCHOOL   OFFICERS.  169 

in  office,  free  from  any  lien  for  work  done  or  materials  furnished, 

by  the day  of ...,..,  190 . . ;  and  in  case  the  said  house  is 

not  finished  in  the  time  herein  specified,  the  said  A.  B.  shall  for- 
feit and  pay  to  the  said  Board,  or  their  successors  in  office,  for 

the  use  of  said  District,  the  sum  of dollars,  and  shall  also 

be  liable  for  all  damages  that  may  result  to  said  District  in  con- 
sequence of  such  failure,  and  said  Board  may  finish  the  building 
and  charge  the  cost  of  the  same  to  the  said  A.  B. 

The  said  Board,  or  their  successors  in  office,  in  behalf  of  said 
District,  hereby  agree  to  pay  the  said  A.  B.  the  sum  of dol- 
lars when  the  foundation  of  said  house  is  finished,  and  the  fur- 
ther sum  of dollars  when  the  building  is  ready  for  the 

roof;  and  the  remaining  sum  of ..dollars  when  the  said 

house  is  finished  and  delivered,  as  herein  stipulated. 

It  is  further  agreed,  that  this  contract  shall  not  be  sub-let, 
transferred  or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ,  190. . 

A.  B.,  Contractor. 

,  President. 

; ,  District  Clerk. 

NOTE. — In  building  a  school-house,  it  is  all-important  to  secure  a  plan  of  the 
building,  with  full  specifications  as  to  its  dimensions,  style  of  architecture, -number 
and  size  of  the  windows  and  doors,  quality  of  materials  to  be  used ;  what  kind  of 
roof;  number  of  coats  of  paints ;  of  what  material  the  foundation  shall  be  constructed ; 
its  depth  below,  and  its  height  above  the  surface  of  the  ground ;  the  number  and 
style  of  chimneys  and  flues ;  the  provisions  for  ventilation ;  the  number  of  coats  of 
plastering,  and  style  of  finish,  and  all  other  items  in  detail  that  may  be  deemed 
necessary.  The  plan  and  specifioutions  should  be  attached  to  the  contract,  and  the 
whole  filed  with  the  district  clerk.  Before  the  building  is  commenced,  the  contract 
and  specifications  should  be  filed  in  the  office  of  the  county  clerk  to  prevent  liens. 
All  plans  and  specifications  must  be  submitted  to  the  State  Board  of  Education  for 
approval. 

L.    Form  of  Note  for  Money  Borrowed. 

,  N.  J., ,  190.. 

days  after  date,  "  The  Board  of  Education  of ,  in 

the  County  of ,"  in  the  State  of  New  Jersey,  promise  to  pay 

to ,  or  order,    dollars,  with  interest  from  the  date 

thereof,  at  the  rate  of per  cent,  per  annum. 


170  BLANKS   AND   FORMS 

This  note  is  given  for  money  borrowed  by  the  said  Board  for 

the1  purpose  of ,  pursuant  to  the  statute  entitled  "An  act  to 

establish  a  system  of  public  instruction,"  approved  March  23d, 
1900,  and  by  the  consent  of  the  inhabitants  of  the  said  district 
lawfully  given,  at  a  meeting  lawfully  held  on ,  190 .. 


Attest :  President. 
• > 

District  Clerk. 


LI.    Duties  of  District  Clerk. 

1.  To  prepare  and  post 

Notices  for  annual  district  meeting, 
Notices  for  special  district  meeting, 
Notices  for  election  of  members  of  the  board  of  edu- 
cation. 

2.  To  prepare  and  deliver  notices  for  meetings  of  the  board  of 
education. 

3.  To  act  as  secretary  of  the  board  of  education. 

4.  To  record,  in  a  book  provided  for  that  purpose,  all  the  pro- 
ceedings of  board  of  education  meetings  and  district  meetings. 

5.  To  keep  an  account  of  the  finances  of  the  district. 

6.  To  pay  out  all  moneys  by  issuing  orders  on  the  custodian 
of  school  moneys. 

7.  To  make  a  financial  report  to  county  superintendent. 

8.  To  make  a  report  of  the  doings  of  the  board  for  the  year  to 
the  annual  district  meeting  for  the  election  of  members  of  the 
board  of  education. 

9.  To  prepare  and  forward  the  annual  report  to  the  county 
superintendent. 

10.  To  notify  county  superintendent  and  township  assessor  of 
the  amount  of  district  school  tax  ordered. 

11.  To  notify  county  superintendent  of  the  election  of  mem- 
bers of  the  board. 

12.  To  buy  fuel,  crayons,  and  such  other  articles  as  the  board 
may  direct. 

13.  To  deliver  to  his  successor  all  records  and  papers  belong- 
ing to  the  district. 


FOR  SCHOOL  OFFICERS.  171 


TEACHERS. 


LII.    (Form  No.  18.)— Directions  Given  to  Candidates  for 
Certificates  Before  Being  Examined. 

1.  Write  your  name  and  the  subject  of  the  examination,  dis- 
tinctly, at  the  top  of  each  page. 

2.  You  need  not  copy  the  questions  upon  the  paper,  but  be 
careful  to  number  each  answer  to  correspond  with  the  question. 

3.  If  unable  to  answer  any  question,  write  its  proper  number, 
and  opposite  the  same  write,  "  I  cannot  answer." 

4.  In  answering  questions  in  arithmetic,  algebra,  &c.,  give  the 
work  as  well  as  the  answer. 

5.  As  soon  as  one  exercise  is  finished,  hand  it  to  the  examiner 
before  beginning  another. 

6.  After  beginning  a  set  of  questions,  do  not  leave  the  room 
without  the   permission  of  the  examiner  in  charge  until  that 
exercise  is  completed. 

7.  Avoid  all  communications  with  other  candidates,  with  visi- 
tors, or  with  anyone  else,  except  the  examiners,  whether  by  talk- 
ing or  otherwise.     Exercises  prepared  in  violation  of  this  rule 
will  be  rejected. 

8.  All  referring  to  text-books,  or  to  written  or  printed  abstracts, 
or  memoranda  of  any  kind,  is  forbidden.     A  violation  of  this 
rule  will  cause  your  entire  examination  to  be  rejected. 

9.  Do  not  tear  off  any  portion  of  the  sheet  that  may  remain 
after  you  have  finished  a  set  of  questions,  but  leave  the  sheet 
whole,  as  the  paper  will  be  preserved. 

10.  Be  careful  to  preserve  this  card  of  directions  and  questions. 
They  will  both  be  called  for  at  the  close  of  the  examination. 


172  BLANKS   AND   FORMS 


LIU.  (Form  No.  79.)— Application  for  the  Indorsement  of  a  Nor- 
mal School  Diploma  or  State  Certificate  Issued  in  Another 
State. 

To  the  State  Board  of  Examiners  of  the  State  of  New  Jersey  : 

I,  the  undersigned,  hereby  make  application  for  the  indorse- 
ment of  my Diploma,  issued  to  me  by 

Dated ..,  190.. 


N.  B. — The  diploma  or  certificate,  and  original  testimonials  from  superintendent 
and  employing  board,  must  in  all  cases  accompany  this  application.  Applications 
cannot  be  approved  unless  the  applicant  can  show  at  least  two  months'  successful 
experience  as  a  teacher  since  graduation,  nor  unless  the  diploma  or  certificate  cover 
work  equivalent  to  that  covered  by  the  diploma  of  the  New  Jersey  State  Normal 
School  or  first-grade,  or  special  State  certificate. 

All  communications  should  be  addressed  to  the  State  Superintendent  of  Public 
Instruction. 

STATEMENT    OF    APPLICANT. 

Full  name 

When  and  where  born 

Date  of  diploma  or  certificate 


For  Normal  School  and  Special  School  Graduates. 

School  from  which  you  were  graduated 

Time  required  for  the  course  from  which  you  were  graduated. 


If  there  was  more  than  one  course  of  study  in  the  school,  state 
the  one  from  which  you  were  graduated 

State  your  educational  advantages  prior  to  entering  above 
school 

„  v      f  Before  graduation 

Experience  as  a  teacher  j  gince  g*aduation 

For  Holders  of  State  Certificates. 

Grade  of  State  certificate  now  held 

Was  such  certificate  issued  upon  examination  ?     

If  so,  state  all  the  subjects  required 


FOR  SCHOOL  OFFICERS.  173 

What  schools  and  colleges  have  you  attended  ?     

Experience  in  teaching 

Indicate  the  grade  and  number  of  teachers'  certificates  which 
you  have  held,  and  by  whom  issued 

Make  a  full  statement  of  the  facts  regarding  your  career  as  a 
teacher,  indicating  the  places  where  and  the  grades  which  you 
have  taught,  and  the  term  of  service  in  each  place.  If  you  have 
ever  acted  as  a  superintendent  of  schools,  state  that  fact.  Also 
set  forth  any  facts  which  will  show  your  experience,  standing 
and  success  as  a  teacher 

If  you  are  at  present  engaged  in  teaching  in  the  State  of  New 
Jersey,  state  where,  and  in  what  capacity,  and  send  letters  of 
testimonial  from  your  superintendent,  county  or  district,  and  the 
clerk  of  your  employing  board 

If  not  teaching  in  New  Jersey,  are  you  under  engagement, 
conditional  or  otherwise,  to  teach  in  this  State  ?  Give  full  par- 
ticulars, and  send  letters  of  testimonial  from  your  last  superin- 
tendent and  clerk  of  the  employing  board 

Give  the  names  and  post-office  addresses  of  three  persons  of 
standing  to  whom  reference  may  be  made,  if  desired,  for  further 
information  concerning  you 


(Signature  in  full.) 

Regular  meetings  of  the  State  Board  of  Examiners,  for  indors- 
ing diplomas  and  certificates,  are  held  on  the  second  Tuesdays 
of  March,  June  and  December  and  the  last  Tuesday  in  August. 

STATE  OF  NEW  JERSEY, 

COUNTY  OF 

,  the  applicant  above  named,  being  duly  sworn,  deposes 

and  says  that  the  facts  set  forth  in  the  above  statement  are  true. 

Sworn  to  before  me,  this \ 

day  of ,  190..  /      

(Signature  of  applicant.) 
(Signature  of  officer.) 


174  BLANKS  AND   FORMS 


LIV.     (Form  No.  8O.)— Application  for  Examination  for  State 

Certificate. 

To  the  State  Board  of  Examiners  of  the  State  of  New  Jersey : 
I,  the  undersigned,  hereby  make  application  to  be  examined 

190 . . ,  for  a  State  Certificate. 

Dated 

(Signature  in  full.) 


(Post-office  address.) 
STATEMENT    OF    APPLICANT. 

When  and  where  born 

Where  educated 

State  the  number  and  grades  of  Teachers'  Certificates  you 
have  held  and  by  whom  issued 

State  places  where  you  have  taught  and  length  of  time,  class 
and  grade  or  official  position  in  each  place.  Also  set  forth  any 
facts  which  will  show  your  experience,  standing  and  success  as 
a  teacher 

If  you  are  at  present  teaching  in  New  Jersey,  state  where  and 
in  what  capacity,  and  send  original  letters  of  testimonial  from 
your  superintendent,  county  or  city,  and  the  clerk  of  your  em- 
ploying board 

If  not  teaching  in  New  Jersey,  are  you  under  engagement  to 
teach  in  this  State?  Give  full  particulars  and  send  original 
letters  of  testimonial  from  your  last  superintendent  and  employ- 
ing board 

Give  the  names  and  post-office  addresses  of  three  persons  to 
whom  reference  may  be  made  for  further  information 


(Signature ) 


FOR  SCHOOL   OFFICERS.  175 


RULES  FOR  EXAMINATIONS  FOR  STATE  CERTIFICATES. 


1.  Examinations  for  State  Certificates  are  held  at  the  State 
House,  in  Trenton,  on  the  first  Thursday,  Friday  and  Saturday 
of  June  and  December. 

2.  In  any  examination  the  diploma  of  a  university  or  college, 
authorized  to  confer  degrees,  may  be  accepted  in  lieu  of  an 
examination  in  the  academic  subjects  prescribed,  provided  the 
course  of  study  covered  by  said  diploma  shall  include  all  the 
said  prescribed  academic  subjects  or  their  equivalent,  and  shall 
not  have  been  pursued  through  correspondence.     The  State  Board 
of  Examiners  may,  in  lieu  of  an  examination  in  any  of  the  sub- 
jects, accept  such  credentials  as  it  may  deem  conclusive  evidence 
of  scholarship  and  professional  qualification. 

3.  Any  certificate  of  any  grade,  issued  in  this  State,  in  full 
force  and  effect,  or  which  shall  have  been  in  full  force  and  effect 
within  one  year  next  preceding  the  date  of  the  examination,  may 
be  accepted  in  lieu  of  an  examination  in  the  academic  subjects 
covered  by  said  certificate,  provided  said  certificate  shall  show  a 
general  average  of  not  less  than  75  per  cent. 

4.  The  subjects  shall  be  assigned  in  the  following  order : 
Thursday. — Geometry,  Literature,  Chemistry  and  Botany. 
Friday.-^ Drawing,  Psychology,  School  Law,  Manual  Training, 

Principles  and  Practice  of  the  Kindergarten,  Music  and  Ancient 
or  Modern  Languages,  Bookkeeping,  Commercial  Arithmetic. 

Saturday. — Physical  Training,  Theory  and  Practice  of  Teach- 
ing, History  of  Education,  Science  of  Education,  Stenography, 
Business  Practice. 

5.  No  certificate  shall  be  issued  to  a  teacher  whose  percentage 
in  any  subject  shall  fall  below  70. 

6.  A  Third-Grade  State  Certificate  is  valid  for  seven  years 
from  its  date,  and  may  be  renewed  without  re-examination.     No 
experience  in  teaching  is  required.     An  applicant  must  be  at 
least  twenty  years  of  age.     In  addition  to  the  subjects  required 
for  a  First-Grade  County  Certificate,  he  will  be  examined  in — 


176  BLANKS   AND   FORMS 

Plane  and  Solid  Geometry,  Literature,  Botany,  Free-Hand 
Drawing,  Psychology,  or  in  lieu  of  one  or  more  of  said  subjects, 
such  other  subject  or  subjects  as  the  State  Board  of  Examiners 
shall  regard  as  the  equivalent  thereof. 

7.  A  Second-Grade  State  Certificate  is  valid  for  ten  years  from 
its   date,  and   may  be  renewed    without  re-examination.      An 
experience  in  teaching  of  not  less  than  two  years  is  required. 
An  applicant  must  be  at  least  twenty-one  years  of  age.     In  addi- 
tion to  the  subjects  required  for  a  Third-Grade  State  Certificate, 
he  will  be  examined  in — 

Chemistry,  Manual  Training,  Physical  Training,  Science  of 
Education. 

8.  A  First-Grade  State  Certificate  is  valid  for  life.     An  experi- 
ence in  teaching  of  not  less  than  five  years  is  required.     The 
examination  is  the  same  as  that  required  for  a  Second-Grade 
State  Certificate.     This  certificate  is  issued  only  to  a  teacher  who 
presents  satisfactory  evidence  of  success  as  a  superintendent, 
supervising  principal  or  a  principal  of  .a  graded  school  employ- 
ing not  less  than  five  teachers,  or  in  such  other  capacity  as  the 
State  Board  of  Examiners  shall  regard  as  the  equivalent  thereof. 
An  applicant  must  be  at  least  twenty-five  years  of  age. 

9.  A  college  graduate,  whose  diploma  is  accepted  in  lieu  of  an 
examination  in  the  academic  subjects,  will  be  examined  in  such 
of  the  following  subjects  as  are  not  covered  by  his  diploma  : 

Third-Grade  State  Certificate- 
Theory   and   Practice,  School   Law,    Psychology,  History  of 

Education. 

Second-Grade   State   Certificate,  in   addition   to  the   subjects 

above  named — 

Science  of  Education,  Manual  Training,  Physical  Training. 

10.  Any  person  desiring  to  take  an  examination  in  any  sub- 
ject or  subjects  in  lieu  of  those  specified,  must  make  application 
therefor  to  the  State  Board  of  Examiners  at  least  four  weeks  prior 
to  the  date  of  the  examination. 

11.  Special  State  Certificates  are  valid  for  five  years,  and  may 
be   renewed   without   re-examination.     Special   Certificates   are 
granted  to  teach  the  following  subjects  : 


FOR  SCHOOL  OFFICERS.  177 

Kindergarten,  Manual  Training,  Physical  Training,  Drawing, 
Music  and  Ancient  Languages  or  Modern  Languages. 

12.  An  applicant  for  a  Special  Certificate  must  present  either 
a  diploma  from  a  high  school  or  a  Teachers'  Certificate  valid  in 
New  Jersey,  other  than  Special,  which  has  been  in  full  force  and 
effect  within  one  year  next  preceding  the  examination. 

13.  The  subjects  for  a  Special  Kindergarten  Certificate  or  a 
Certificate  to  Teach  Ancient  Languages  or  Modern  Languages, 
are :  Science  of  Education,  History  of  Education,    Psychology, 
Theory  and  Practice  of  Teaching,  School  Law  and  the  special 
subject  to  be  taught.     And  in  addition  thereto,  for  a  Kinder- 
garten Certificate,  an  examination  in  Drawing. 

14.  The  subjects  for  a  Special  Certificate  to  Teach  Drawing, 
Manual  Training,  Physical  Training  or  Music,  are :  Psychology, 
History  of  Education,    School   Law   of  New   Jersey,    and    the 
special  subject  to  be  taught,  and  in  addition  thereto,  for  a  Cer- 
tificate to  Teach  Drawing,  an  examination  in  Plane  Geometry. 

15.  The  subjects  for  a  Special  Certificate  to  Teach  Commercial 
Branches,  are :    Psychology,  School  Law  of  New  Jersey,  Book- 
keeping,   Commercial   Arithmetic,    Stenography,    Theory    and 
Practice  of  Teaching,  History  of  Education  and  Business  Practice. 

16.  The  following  text-books  will  indicate  about  the  extent  of 
the  examination  in  the  subjects  named  : 

Theory  and  Practice. — Lectures  on  Teaching  (Fitch),  School 
Management  (White),  Courses  and  Methods  (Prince),  Lectures 
on  Education  (Jos.  Payne),  Psychology,  Briefer  course,  (James), 
Hand-Book  0f  Psychology  (Murray),  Theory  and  Practice  of 
Teaching  (Page). 

Science  of  Education. — Elements  of  Pedagogy  (White),  Philos- 
ophy of  Education,  Spencer's  Edition  (Tompkins),  Science  of 
Education  (Rosenkranz). 

History  of  Education. — (Compayre,  Painter,  Williams),  Educa- 
tional Reforms  (Quick),  History  of  Education  (Seeley). 

Physical  Training. — Light  Gymnastics  (W.  G.  Anderson), 
Swedish  System  of  Educational  Gymnastics  (Baron  Nils  Posse), 
Physiology  of  Bodily  Exercise  (Lagrange),  Gymnastics  in  the 
School-Room  (Hans  Ballin),  Progressive  Gymnastics,  Days's 
Orders  (Enebriske). 

12 


178  BLANKS   AND   FORMS 

Manual  Training. — Industrial  Education  (Love),  Manual 
Training  (Charles  Ham),  The  Manual  Training  School  (Wood- 
ward). 

In  all  other  subjects,  the  scope  of  the  examination  will  cor- 
respond to  the  subject-matter  of  the  ordinary  text-book. 

17.  The  subjects  required  for  a  First-Grade  County  Certificate 
are — 

Orthography,  Reading,  Penmanship,  Geography,  Arithmetic, 
English  Grammar,  United  States  History,  English  Composition, 
Physiology,  Bookkeeping,  Drawing,  Algebra,  Physics,  General 
History,  Civics,  Plane  Geometry,  Theory  and  Practice  of  Teach- 
ing, School  Law  of  New  Jersey,  History  of  Education. 

18.  All  communications   should   be  addressed   to   the   State 
Superintendent  of  Public  Instruction. 


LV.  (Form  No.  78.)  -Certificate  that  Child  has  Attended  School. 

I  hereby  certify  that  I  am  Principal  of  School  No ,  in 

the  School  District  of ,  County  of ,  and  that  [name 

of  child]  is  the  [son,  daughter  or  ward]  of  [name  of  parent  or 
guardian] ,  residing  at  [street  and  city]  ;  that  to  the  best  of  my 

knowledge  and  belief,  said  [name  of  child]  is years  of  age ; 

and  said  [name  of  child]  has  attended  school  under  my  charge, 

five  days  a  week,  for weeks,  during  the  year  preceding  the 

date  of  this  certificate. 

Dated.,  ..,190.. 


Principal. 


FOR  SCHOOL  OFFICERS.  179 

LVI.  Teacher's  Report  to  the  County  Superintendent  when  Leav- 
ing a  School  before  the  end  of  the  School  Year. 

Report  of  the  Teacher  of  Public  School  No in  the  School 

District  of ,  in  the  County  of ,  for  the  portion 

of  the  School  Year  commencing 1st,  190. . ,  and  end- 
ing  ,  190.. 

[The.  body  of  the  Report  same  as  Annual  Report  in  the  Register  J] 

To ,  County  Superintendent  for County  : 

Being  about  to  leave  my  present  school,  I  respectfully  present 
the  above  record  and  statements  as  my  report  for  the  expired 
portion  of  the  present  School  Year,  as  required  by  the  laws  of 
this  State;  which  report  I  hereby  certify  has  been  carefully  made 
out  from  the  records  contained  in  the  School  Register. 


Teacher. 

NOTE. — The  law  requires  that  a  duplicate  of  the  above  report  shall  be  made  to  the 
district  clerk. 


LVII.  Teachers' s  Report  of. the  Suspension  of  a  Pupil  to  the  Board 

of  Education. 

To ,  District  Clerk  of  the  Board  of  Education  of 

the  School  District  of ,  of  the  County  of : 

SIR — You  are  hereby  notified  that  I  have  this  day  suspended 
from  my  school ,  for  [here  state  the  cause  for  suspension] . 

Dated  this day  of ,  190. . 


Teacher. 

NOTE. — The  school  law  requires  every  suspension  to  be  reported  to  the  board  of 
/education. 


180  BLANKS   AND   FORMS 


CALENDAR  FOR  SCHOOL  ELECTIONS  AND  DUTIES. 

I.  State  Board  of  Education. — Meets  on  the  first  Tuesday  of 
February,  April,  June,  October  and  December,  annually. 

'2.  State  Board  of  Examiners. — Meets  on  the  first  Thursday, 
Friday  and  Saturday  of  June  and  December,  annually,  at  the 
State  House. 

3.  County  Boards  of  Examiners. — Meet  on  the  first  Friday  and 
Saturday  of  February,  May  and  October,  annually. 

4.  Boards  of  Education. — Elected   on   the   third   Tuesday   in 
March,  annually,  and  should  meet  at  least  once  in  two  months 
during  the  period  that  the  school  shall  be  in  session. 

5.  District  Clerks. — Elected  within  ten  days  after  the  annual 
meeting  for  the  election  for  members  of  the  Board  of  Education, 
annually. 

6.  District  Meetings  for  Voting  District  Tax. — Held  on  the  third 
Tuesday  in   March,  annually,  or  at  the   call  of  the   Board  of 
Education. 

7.  Report  of  the  State  Board  of  Education  to  the  Governor. — On 
the  first  Tuesday  in  December,  annually. 

8.  Report  of  the  State  Superintendent  to  the  State  Board  of  Edu- 
cation.— On  the  first  Tuesday  in  December,  annually. 

9.  Report  of  County  Superintendent  to  the  State  Superintendent.— 
On  or  before  the  first  of  September,  annually. 

10.  Report  of  the  District  Clerks  to  County  Superintendent. — On 
or  before  the  first  of  August,  annually. 

II.  Report  of  Teachers  to  Board  of  Education. — At  the  close  of 
each  quarter's  teaching,  or  as  directed  by  the  rules  of  the  Board. 

12.  Financial  Statement  of  Township  Collector  to  Toivnship  Com- 
mittee  and    County   Superintendent. — On  or  before    the    first   of 
August,  annually. 

13.  Financial  Statement  of  District  Clerks  to  Township  Commit- 
tee.— On  or  before  the  first  of  August,  annually. 

14.  Financial  Statement  of  District  Clerks  to  the  County  Super- 
intendent.— On  or  before  the  first  of  August,  annually. 

15.  Assessor  Makes  Returns  to  Collector. — Within  fifteen  days 
after  the  first  Monday  in  September,  annually. 


FOR  SCHOOL   OFFICERS.  181 

16.  State  School  Tax. — To  be  paid  to  the  State  Treasurer  within 
twenty-five  days  after  the  same  shall  be  due  and  payable  to  the 
County  Collector.    To  be  paid  to  the  County  Collector  within  fif- 
teen days  after  said  tax  shall  be  due  and  payable. 

17.  School  Tax. — Collected  and  due  the  Board  of  Education 
by  the  fifth  of  January,  annually. 

18.  District  Census. — Taken  during  the   month  of  May,  an- 
nually, and  to  be  reported  to  the  State  Superintendent  on  or 
before  the  tenth  day  of  June. 

19.  Apportionment  of  the  State  Appropriation  to  the  Counties. — 
Made  on  or  before  the  fifteenth  day  of  February,  annually. 

20.  Apportionment  of  the  State   Appropriation  and    Township 
School  Taxes  to  the  District — Made  by  the  County  Superintendent 
-on  or  before  the  first  day  of  April,  annually. 

21.  State  Appropriation. — Two  hundred  thousand  dollars  paid 
in  November,  and  the  State  school  tax  in  the  month  of  January 
following. 

22.  Agricultural  College. — Candidates  examined  by  the  County 
and  City  Superintendents  on  the  first  Saturday  in  June. 

23.  School  Holidays. — First  day  of  January,  twelfth  day  of 
February  (Lincoln's  birthday),  twenty-second  day  of  February, 
thirtieth  day  of  May,  fourth  day  of  July,  first  Monday  in  Sep- 
tember (Labor  day),  Thanksgiving  day,  Christmas  day,  any  day 
upon  which  a  general  election  shall  be  held  for  members  of 
Assembly,  and  also  any  day  set  apart  by  proclamation  of  the 
Governor  of  this  State  or  the  President  of  the  United  States  for 
the  purpose  of  public  observance. 

24.  Patriotic  Exercises. — Held  on  the  last  school  day  preceding 
Lincoln's   birthday,  Washington's   birthday,  Decoration  or  Me- 
morial day  and  Thanksgiving  day. 

25.  School  Year. — Commences  on  the   first   day  of  July  and 
ends  on  the  thirtieth  day  of  June. 

26.  Fiscal  Year. — The  school  fiscal  year  of  the  State  coincides 
with  the  school  year. 

27.  Library  Year. — The  school  library  year  and  the  teachers* 
library  year  coincides  with  the  State  fiscal  year,  and  begins  on 
the  first  day  of  November  and  ends  on  the  thirty-first  day  of 
October. 


INDEX. 


(183) 


INDEX. 


A. 

Pages. 

Affidavits,  Assistant  State  Superintendent  may  take,  section  21 11 

census  enumerator  to  make,  section  252 97 

County  Superintendent  may  take,  section  27,  division  1 12 

District  Clerk  may  take,  section  99 38 

State  Superintendent  may  take,  section  21 11 

Ages  of  children  in  census,  section  250 97 

factories,  section  155 58 

kindergartens,  section  146 56 

public  schools,  section  117 44 

pupils,  compulsory,  sections  154,  155  and  157 57,  58 

Agricultural  College,  appropriations  for,  sections  4  and  5 Ill,  112 

examinations  for,  section  1 110 

scholarships  in,  sections  1  to  4. 110 

Alcohol  and  narcotics,  effects  of,  to  be  taught,  sections  259  and  260 100 

Almshouse,  children  in,  admitted  to  public  schools,  section  105 40 

Appeals  to  State  Board  of  Education,  sections  3,  division  V.,  10, 13  and  16 6,  8,  9 

Appointment,  Assistant  District  Superintendent,  section  74 70 

Assistant  State  Superintendent,  section  7 8 

boards  of  education  in  municipalities  divided  into  wards,  sec- 
tion 45 20 

boards  of  education  in  municipalities  not  divided  into  wards,  sec- 
tion 27,  division  IV 13 

boards  of  education,  union-graded  schools,  section  134 51 

County  Superintendents,  sections  3,  division  II.,  12  and  24 6, 8, 11 

census  enumerators,  sections  251  and  253 97,  98 

District  Clerk,  section  94 35 

District  Superintended,  section  56 23 

examiners,  county,  section  33 , 14 

district,  section  34 14 

State,  section  32 13 

secretary  board  of  education,  section  61 24 

State  Board  of  Education,  section  1 5 

State  Superintendent,  section  6 7 

truant  officers,  section  158 59 

trustees  industrial  schools,  sections  4  to  7 103 

Apportionment,  balances,  section  196 74 

evening  schools,  section  149 56 

reserve  fund,  section  192 71 

(185) 


186  INDEX. 

Pages. 
Apportionment,  school  moneys  by  County  Superintendent,  sections  140,  149,  195 

and  196 53,57,72,74 

school  moneys  by  State  Superintendent,  section  17 10 

State  school  tax,  sections  190  and  195 70,72 

supervising  principal,  section  195,  division  1 73 

union-graded  schools,  section  140 53 

Appropriations,  colored  industrial  school,  section  227 87 

industrial  schools,  section  1  102 

institutes,  section  258 100 

libraries,  school,  section  232 89 

teachers',  section  235 90 

manual  training,  section  229 88 

municipalities  divided  into  wards,  sections  78  to  81 28 

penalty  for  exceeding,  section  31 113 

State  fund,  section  265 102 

State  school  fund,  sections  183  and  189 67,68 

surplus  revenue,  section  257 100 

Arbor  Day,  section  261 101 

Assessment,  executions,  to  satisfy,  section  263 101 

school  tax,  municipalities  divided  into  wards,  sections  80  and  81... 28,  29 
school  tax  in  municipalities  not  divided  into  wards,  sections  197, 

211  and  263 75,83 

State  school  tax,  section  190 69 

Assessor,  apportion  State  school  tax,  section  190 69 

district  tax,  to  assess,  section  197 75 

executions,  to  assess  for,  section  263 , 101 

State  school  tax,  to  assess,  section  190 69 

Assistant  District  Superintendents,  appointment  of,  section  70 26 

qualifications  of,  section  71 26 

Assistant  State  Superintendent,  affidavits,  may  take,  section  21 11 

appointment  of,  section  7 7 

dudes  of,  section  7 7 

expenses  of,  section  3,  division  IV 6 

salary  of,  sections  7  and  8 ...       7 

Attorney-General,  bonds,  to  approve,  proceedings  for,  sections  143  and  210 55,  82 

trustees  of  school  fund,  member  of,  section  179 66 

B. 

Balances,  apportionment  of,  section  196 74 

report  of,  section  196 74 

Ballot,  appropriations  at  district  meetings  voted  by,  section  198.... 77 

bonds,  voted  by,  section  198 71 

boards  of  education  members  elected  by,  section  90 34 

Bills,  affidavit  required,  section  99 38 

Blanks  for  school  officers,  State  Superintendent  to  furnish,  section  19 10 

Boards  of  education,  municipalities  divided  into  wards  (see  Cities) ;  municipali- 
ties not  divided  into  wards  (see  Townships). 

Board  of  school  estimate,  organization  of,  section  78 28 

powers  of,  sections  79  to  81 28 


INDEX.  187 

Pages. 

Board  of  school  estimate,  secretary  of,  section  78 28 

Bond,  business  manager  to  give,  section  75 27 

custodian  of  school  moneys  to  give,  sections  138,  200  and  201 52,78 

Secretary  Board  of  Education  in  municipality  divided  into  wards,  section 

61 24 

Bonds,  approval  of  proceedings  by  Attorney-General,  section  210 82 

ballot,  vote  to  be  by,  section  91 34 

ballots,  authorizing,  filed  with  County  Superintendent,  section  198 77 

canceled,  to  be  filed  with  the  State  Superintendent,  section  212 83 

cities  may  issue,  section  81 29 

coupons,  must  have,  section  208 81 

interest  on,  section  208 81 

issue,  how  ordered,  section  208 81 

new  district  liable  for,  sections  41,  42  and  43 18, 19 

proceedings  to  be  approved  by  Attorney-General,  section  210 82 

proceedings,  copy  to  be  filed  with  State  Superintendent,  section  210 82 

registry  of,  section  208 81 

renewal  of,  section  209 82 

report  of,  section  213 » 83 

sale  of,  section  208 81 

security  for,  section  210 82 

tax  for,  section  211.. 83 

union-graded  schools,  sections  143  to  145 54 

Bordentown  School  (see  Manual  Training  and  Industrial  School  for  Colored 

Youth). 
Boroughs  (see  Townships). 

Bribery,  penalty  for,  sections  28  and  30 113 

Buildings,  approval  of  plans  for,  sections  129  and  130... 49 

bonds  for,  sections  143  to  145,  and  Article  XXI    54,81 

ceilings,  construction  of,  section  132,  division  VIIE 50 

height  of,  section  132,  division  III 49 

condemnation  of,  section  127 48 

contracts  for,  sections  58  and  59 24 

damaged  to,  sections  121  and  7 46, 112 

doors  to  open  outwardly,  section  131 49 

floor  space  in,  section  122,  division  II , 49 

insurance  on  section  95,  division  V 36 

light  in,  section  132  division  I  49 

outhouses,  section  128 48 

penalty  for  failure  to  provide,  section  127 48 

plans,  approval  of,  sections  129  and  130 49 

State  Superintendent  to  provide,  section  129 49 

staircases  construction  of,  section  132,  division  IV.  and  VII 49 

suitable,  must  be  provided,  section  127 48 

supervision  of,  section  77 27 

union-graded  schools,  sections  139,  division  III ,  and  143  to  145 53, 54 

use  of,  for  other  purposes,  section  95,  division  X 37 

ventilation  of,  section  132,  division  II 49 


188  INDEX. 

Pages. 

Business  manager,  appointment  of,  section  56 23 

bond  of,  section  75 27 

buildings,  to  supervise,  section  77 27 

duties  of.section  77 27 

salary  of,  sections  56  and  75 23,  27 

term  of  office,  section  56 23 

C. 

Census  (see  School  Census). 

Certificates,  commercial,  rules  12, 15,  23  and  36 122, 125, 128 

boards  of  examiners   (see   District,  County  and  State  Boards  of 
Examiners). 

college  diploma  accepted  in  lieu  of  examination,  rule  11 122 

contract  not  valid  unless  teacher  holds,  section  107,  and  rule  1....40, 121 

County  Superintendent  to  hold,  section  24 11 

county,  requirements  for,  section  260,  and  rules  5  to  7,  9,  11,  12 

and  24  to  37 100,122,125 

district,  requirements  for,  section  260,  and  rules  5  to  7,  9,  11,  12 

and  38  to  42  100,122,129 

drawing,  rules  12,  15,  23  and  36 122,128 

indorsement  of,  rules  14  and  15 123 

kindergarten,  rules  12, 15,  23  and  36 122,128 

languages,  rules  12,  15,  23  and  36 122, 128 

manual  training,  rules  12,  15,  23  and  36 122, 128 

music,  rules  12,  15, 23  and  36 122,128 

normal  school  diploma  indorsed,  rules  14  and  15 123 

normal  graduates,  rules  21  and  22 124 

percentage  required,  rules  6,  7  and  34 , 122, 128 

physical  training,  rules  12, 15,  23  and  36 122, 128 

provisional,  rules  4,  35  and  37 121, 128 

report  of,  rule  10 122 

revocation  of,  section  153,  and  rules  8  and  9 59, 122 

rules  for,  section  3,  division  VI • 6 

State,  requirements  for,  sections  32  and  260,  and  rules  5  to  7,  9,  and 

11  to  23 13,100,122 

suspension  of,  section  109 42 

teachers  must  hold,  section  114 43 

Cities  (see  Buildings,  Compulsory  Attendance  and  Condemnation  of  Land). 

advertisement  for  supplies,  section  58 24 

appropriations,  sections  78  to  81 28 

assistant  superintendents,  appointment  of,  section  70 A 26 

balances  apportionment  of,  section  196 74 

boards  of  education,  age  of  members  of,  section  47 

appointment  of,  sections  45  and  83 20,31 

by-laws  of,  section  57 24 

duties  of,  sections  78  to  81 28 

election  of,  sections  46  and  83 21,31 

incorporation  of,  section  51 23 

oath  of  office,  section  48 22 


INDEX.  189 

Pages. 
Cities  (see  Buildings,  Compulsory  Attendance  and  Condemnation  of  Land). 

boards  of  education,  organization  of,  section  52 23 

penalty  for  violation  of  law,  sections  14  and  49 8,  22 

powers  of,  sections  52  to  84 23 

qualifications  of,  section  47 22 

removal  of  member  of,  section  153 57 

term  of  office,  sections  45  and  46 20 

board  of  school  estimate,  appointment  of,  section  78 28 

powers  of,  sections  79  to  81 28- 

secretary  of,  section  61 24 

bonds  for  school-houses,  section  81 29- 

buildings,  condemnation  of,  section  127 4S 

business  manager,  appointment  of,  sections  56  and  75 23,  27 

bond  of,  section  75 27 

duties  of,  sections  75  to  77 27 

salary  of,  sections  56  and  75 23,  27 

term  of  office  of,  section  56 23 

colored  children  not  to  be  excluded  from  schools,  section  126 47 

contagious  diseases,  persons  exposed  to,  excluded  from  schools,  section  122..  46 

schools  closed  in  cases  of,  section  124 47 

contracts,  advertisement  for,  section  58 24 

how  awarded,  section  33 114 

teachers,  section  107 40 

corporal  punishment  prohibited,  section  113 43 

corporate  name,  section  51 23 

course  of  study,  section  73 26 

custodian  of  school  moneys,  Article  XX 77 

damage  to  school  property,  who  liable  for,  section  7 112 

flags  for  school-houses,  section  256 100' 

holidays,  section  111 43 

kindergartens,  may  establish,  section  146 56- 

lectures,  board  of  education  may  provide 109 

medical  inspector,  may  appoint,  section  255 99 

normal  school,  approval  of  course  of  study,  rules  41  and  42 130 

outhouses,  tax  for,  section  128 48 

plans  for  school-houses,  section  129 4$- 

property,  title  to,  sections  54  and  55 23 

pupils,  admission  of,  section  125 47 

ages  of,  section  117 44 

expulsion  of,  section  121 • 46* 

suspension  of,  sections  112  and  121 43,46 

tuition  fees  for,  sections  117  and  120 44 

religious  services  in  schools,  section  115 43- 

report  of,  sections  60  and  195 24, 72 

secretary,  appointment  of,  sections  56  and  61 23 

bond  of,  section  61 24* 

duties  of,  sections  62  to  68 25 

report  of,  section  68 26- 


190  INDEX. 

Pages. 
Cities  (see  Buildings,  Compulsory  Attendance  and  Condemnation  of  Land). 

secretary,  salary  of,  sections  56  and  61. 23 

term  of  office  of,  section  56 23 

sinking  fund,  custodian  of,  section  204 .' 80 

superintendent,  appointment  of,  sections  56  and  69 23,26 

assistant  may  nominate,  section  70.  26 

duties  of,  sections  69  to  72 26 

qualifications  of,  section  71 26 

removal  of,  section  69 26 

report  of,  section  72 26 

salary  of,  sections  56  and  69 23,  26 

teachers  may  suspend,  section  74...  27 

teacher's  report  to  certify,  section  110 42 

term  of  office  of,  section  56  23 

supplies,  advertisement  for,  section  58 24 

teachers,  appointment  of,  section  73 27 

contracts,  sections  107  and  111 .40,  43 

dismissal  of,  section  108 40 

removal  of,  section  73 26 

report  of,  section  110 42 

rules  for  employment  of,  section  107,  and  rule  3 40, 121 

salaries  of,  sections  107,  108, 110,  111,  114  and  1  to  3 40, 1C4 

suspension  of,  section  74 27 

text-books,  selection  of,  sections  73  and  151 26,  57 

title  to  school  property,  sections  54  and  55 23 

transfer  of  pupils,  section  119  44 

transportation  of  pupils,  section  118 44 

tuition  fees,  sections  117  and  120 44,45 

vaccination  of  pupils,  sections  122  and  123 46 

warrants,  how  issued,  sections  66  and  67 25 

Colored  children  not  to  be  excluded  from  schools,  section  126 47 

Colored  industrial  school  (see  Manual  Training  and  Industrial  School  for  Colored 
Youth). 

Childrens'  Guardians,  State  Board  of 115 

Comptroller  (see  State  Comptroller). 

Compulsory  attendance,  ages  of  pupils,  sections  154  and  155 57 

parental  schools,  sections  165  and  171  61 

penalty  for  failure  to  attend,  section  156 58 

pupils,  ages  of  sections  154  and  155 57 

truants,  definition  of,  section  157 58 

truant  officer,  sections  158  to  164 , 59 

Condemnation  of  school-houses,  section  127 48 

land,  Article  XVI 62 

Consolidation  of  school  districts,  sections  38  to  40 16 

Contagious  diseases,  persons  exposed  to,  excluded  from  schools,  section  122 46 

schools  closed  in  cases  of,  section  124 47 

Corporal  punishment  prohibited,  section  113 43 


•  INDEX.  191 

Pages. 

Contracts,  deaf,  school  for,  section  222 85 

teachers,  107,  109  and  111 40,42 

County  boards  of  examiners,  appointment  of,  section  33 14 

compensation  of,  section  33 14 

rules  for,  section  33 14 

County  Boards  of  Examiners,  State  Superintendent  member  of,  section  9  (see 

also  Certificates) 7 

County  Collector,  balances  paid  to,  section  196 74 

County  Superintendent's  expenses,  to  pay,  section  26 12 

State  school  tar,  payment  by,  section  191 70 

payment  to,  sections  192  to  194 71 

County  Superintendent,  affidavit  may  take,  section  27,  division  I 12 

agent  for  books,  not  to  act  as,  rule  47 131 

Agricultural  College  hold  examinations  for,  sections  1 

and  2 110 

appointment  of,  sections  3,  division  II.,  12  and  24 6,  8, 11 

appoint  members  boards  of  education,  section  27,  division 

IV 13 

apportion  school  moneys,  sections  37,  140,  191,  195  and 

196 16,53,72,74 

condemn  school  building?,  section  127 48 

course  of  study,  to  prescribe,  section  95,  and  rules  49 

and  51 36,131 

consolidation  of  districts,  sections  38  to  40 16 

District  Clerk,  to  appoint,  section  94 35 

examination  of,  rule  54 132 

examiners,  to  appoint,  section  33 14 

expenses  of,  section  26 12 

orders  for  school  moneys,  to  issue,  sections  191  and  194..70,  72 
powers  of,  sections  27,  33,  38, 102, 119,  127, 140  and  142, 

12,  14, 16,  35,  39,  44,  48,  53 

president  board  of  education,  to  appoint,  section  94 35 

qualifications  of,  section  24 11 

removal  of,  section  153 57 

reports  of,  sections  28  and  110 28,42 

to,  section  29 13 

salary  of,  sections  25  and  183 11,  67 

teachers'  libraries,  sections  235  and  236,  and  rule  50... 90, 131 

County  Superintendents,  term  of  office  of,  section  24.  11 

transfer  of  pupils,  sections  117  to  119 44 

union-graded  schools,  section  142 , 54 

visit  schools,  rule  43 * 130 

Course  of  study,  adoption  of,  sections  73,  95,  division  VI.,  97,  and   rule  49.. 

26,  36,  38, 131 

Custodian  of  school  moneys,  appointment  of,  sections  200  to  202 78 

balances  to  pay  to  County  Collector,  section  196 74 

bonds  of,  sections  200  and  201 78 

duties  of,  sections  199  to  207 77 


192  INDEX. 

Pages, 

Custodian  of  school  moneys,  penalty  for  failure  to  report,  section  206 80 

reports  of,  sections  29  and  206 13,80 

salary  of,  sections  200  and  201 78 

union-graded  schools,  section  138 52 

D. 

Deaf,  school  for  (see  New  Jersey  School  for  the  Deaf). 

Diplomas,  college,  accepted  in  lieu  of  examination,  rule  11 122 

normal  school,  section  215 84: 

public  school  graduates,  rule  51 131 

teachers,  rule  51 131 

Districts  (see  School  Districts). 

District  Board  of  Examiners,  members  of,  sections  9  and  34 7, 14 

rules  for,  section  34  (see  also  Certificates) 14 

District  Clerk,  accounts,  to  keep,  section  100 39' 

affidavit,  may  take,  section  99 38 

appointment  of,  section  94 35 

bonds,  registry  of,  to  keep,  section  208 , 81 

certificate  of  tax,  to  issue,  section  197 75 

minutes,  to  keep,  section  100  — 39 

notices  of  meeting  of  board  of  education,  to  issue,  section  100 39 

legal  voters,  to  post,  sections  88,  100  and 

133 33,  39,  50 

orders,  to  issue,  sections  100  and  199 39,78 

penalty  for  failure  to  post  notices,  section  88 33 

register,  to  certify,  section  110 42 

removal  of,  section  16 9 

report  of,  sections  29,  95,  division  XII.,  and  100 13,  37,  39 

salary  of,  section  94 35 

teacher's  contract,  to  file  with  County  Superintendent,  section  107, 

and  rule  2 40,121 

supplies,  may  purchase,  section  99 38 

vacancy,  how  filled,  section  94 35 

vaccination  of  pupils,  to  give  permit  for,  section  123 46 

District  Superintendents  (see  City  Superintendents). 

District  school  tax,  amount  of,  section  197 75 

assessment  of,  section  197 75- 

ballot,  vote  to  be  by,  section  91 34 

ballots  filed  with  District  Clerk,  section  90 34 

County  Superintendent,  section  198 77 

bonds  for  payment  of,  sections  145  and  211 ,55,83 

certificate  of,  section  197 75 

deficiency,  how  provided  for,  section  197 75 

evening  schools,  section  150.. 57 

fees  for  collection  of,  section  197 75- 

outhouses,  how  ordered,  section  128 48 

tellers,  appointment  of,  section  198 77 

union-graded  schools,  section  139,  division  III 53 


INDEX.  193 


Pages. 

Election,  boards  of  education,  municipa^ties  divided  into  wards,  section  46 21 

not  divided  into  wards,  section  88  .  3& 
Estimate  (see  Boards  of  School  Estimate). 

Evening  schools,  expenses  of,  section  150 57 

pupils,  ages  of,  section  149 56- 

term,  length  of,  section  149 5ft 

Examinations,  Agricultural  College,  sections  1  and  2  Ill 

Teachers'  certificates  (see  Certificates). 

Executions  against  school  districts,  section  263 101 

Expenses,  county  boards  of  examiners,  section  33 14 

County  Superintendents,  section  26 12 

institutes,  section  258 100 

State  Board  of  Education,  section  4 ft 

Examiners,  section  32 13 

State  Superintendent,  section  3,  division  IV ft 

Expulsion  of  pupils,  sections  95,  division  VII.,  and  121 36,  4ft 

F. 

Factories,  ages  of  children  in,  section  155 58 

Flags  for  school- houses,  section  256 100 

Free  lectures,  advertisement  of,  section  3 109 

boards  of  education  may  provide,  section  1 109 

time  of  holding,  section  3 109 

GK 

Governor,  industrial  schools,  appoint  trustees  of,  sections  4  and  6 103, 104 

State  Board  of  Education,  appoint  members  of,  section  1 5 

State  Superintendent,  to  appoint,  section  6 7 

trustees  of  school  fund,  members  of,  section  179 6ft 

Graded  schools  (see  Union-Graded  Schools). 

definition  of,  rule  29 12ft 

reports  of,  section  110 42 

Grammar  schools,  definition  of,  rule  29 12ft 

H. 

High  schools,  definition  of,  rule  29  , , 12ft 

Holidays,  exercises  in  schools  on,  section  262... 101 

school,  section  111 43 

I. 

Indebtedness  of  school  districts,  report  of,  section  213 83- 

Industrial  school  for  colored  youth  (see  Manual  Training  and  Industrial  School 
for  Colored  Youth). 

Industrial  schools,  appropriations  for,  section  1 102 

incorporation  of,  section  7 104 

object  of  section  2 103 

report  of,  section  4 103- 

tax  for,  section  3 103- 

trustees  of,  sections  4,  5,  6  and  7 102. 

13 


194  INDEX. 

Pages. 

Institutes,  appropriations  for,  section  258 100 

County  Superintendents  to  assist  at,  rule  52 131 

rules  for,  section  3,  division  III 6 

teachers  required  to  attend,  rule  53 131 

Insurance,  school  buildings,  section  95,  division  V 36 

Interest,  bonds,  rate  of,  section  208 81 

district  orders,  section  205 80 

surplus  revenue,  section  257 100 

J. 

Janitors,  appointment  of,  section  95,  division  II 36 

K. 

Kindergartens,  boards  of  education  may  establish,  section  146 56 

certificates  of  teachers,  section  147,  and  rules  12,  15,  23,  36  and 

39  56, 122, 123, 125, 128, 129 

expenses  of,  section  148 56 

pupils,  ages  of,  section  146 56 

teachers  in,  section  147 56 

L. 

Laws,  State  Superintendent  to  have  printed,  section  19 10 

Lectures,  boards  of  education  may  provide,  section  1 109 

Legal  voters  at  school  meetings,  sections  88  and  89 33,  34 

Libraries  (see  School  Libraries,  Teachers'  Libraries). 

M. 

Manual  training  (see  also  Industrial  Schools). 

appropriations  for,  section  229 88 

course  of  study  in,  section  229 88 

report  of,  section  231 , 89 

tax  for,  section  229 88 

trustees  of,  section  230 88 

Manual  Training  and  Industrial  School  for  Colored  Youth,  appropriations  for, 

section  227 :..  87 

Manual  Training  and  Industrial  School  for  Colored  Youth,  control  of,  sections 

2  and  225 ....6,87 

Manual  Training  and  Industrial  School  for  Colored  Youth,  pupils  in,  section 

226 87 

Manual  Training  and  Industrial  School  for  Colored  Youth,  treasurer  of,  section 

228 87 

Medical  inspectors,  appointment  of,  section  255 99 

duties  of,  section  255 99 

Model  School,  section  219 85 

Month,  school,  length  of,  section  107 40 

Municipalities  divided  into  wards  (see  Cities). 

not  divided  into  wards  (see  Townships). 


INDEX.  195 

N. 

Pages. 

Narcotics,  effects  of,  to  be  taught,  section  259 100 

New  Jersey  School  for  the  Deaf,  contract  for  supplies,  section  222 85 

control  of,  sections  6  and  221 6,  85 

corporate  name,  section  220 85 

expenses  of,  section  224 87 

object  of,  section  220 85 

pupils  in,  section  223 86 

expenses  of,  section  223 66 

repairs  to,  section  222 85 

superintendent  of,  section  221 85 

teachers  in,  section  221 85 

treasurer  of,  section  224 87 

Normal  School  (see  State  Normal  School). 

Notices,  District  Clerk  to  post,  sections  100  and  133 39,  50 

O. 

Office,  State  Board  of  Education,  section  1 5 

State  Superintendent,  section  6 7 

Orders,  County  Superintendent's  salary,  sections  25  and  26 11, 12 

District  Clerk  to  issue,  sections  100  and  199 39,78 

reserve  fund,  section  192 71 

State  school  moneys,  sections  17  and  27,  division  II 10, 12 

tax,  section  19t 72 

withheld  in  certain  cases,  section  191 70 

transfers,  section  119 44 

tuition  fees,  section  120 45 

Outhouses,  tax  for,  section  128 48 

P. 

Patriotism  to  be  taught,  section  262 101 

Penalty,  board  of  education,  meetings,  failure  to  attend,  sections  49  and  101 22, 39 

violation  of  law,  sections  14  and  99 8,  38 

buildings,  failure  to  provide,  section  127 48 

County -Superintendent,  violation  of  law,  sections  13,  153,  and  rule  47.. 

8, 57, 131 

custodian  of  school  moneys,  failure  to  report,  section  206 80 

damage  to  school  property,  section  7 112 

district,  violation  of,  law,  section  14 8 

District  Clerk,  failure  to  post  notices,  88 33 

exceeding  appropriations,  section  31 113 

excluding  children  from  school,  section  126 47 

notices,  failure  to  post,  section  88 • 33 

text-books,  school  officer  or  teacher  interested  in  furnishing,  sections 

153  and  28  to  33 57,113 

Petition,  meeting  of  legal  voters  called  upon,  section  95,  division  IX 37 

Plans  for  school-houses,  approval  of,  sections  129,  130 49 

furnished  by  State  Superintendent,  section  129 49 

Primary  schools,  definition  of,  rule  29 126 


in 


INDEX. 


•  m>> 


13 
13 


DfDEX. 

B 


197 


198  INDEX. 

Pages, 

State  Board  of  Education,  deaf,  school  for,  control  of,  section  221 85 

examinations,  make  rules  for,  sections  32  to  34 13 

expenses  of,  section  4 Y 6 

of  County  Superintendents,  to  approve,  sec- 
tion 26 12 

State  Superintendent,  to  approve,  section  3, 

division  IV 6 

manual  training,  approve  courses  of  study,  section  229..  88- 

model  school,  may  maintain,  section  219 85 

normal  school,  control  of,  section  215 84 

office  of,  section  1 ^ 5 

plans  for  school-houses,  to  approve,  sections  129  and 

130 4$ 

powers  of,  section  3 6 

report  of,  section  5 6 

reserve  fund,  to  apportion,  section  192 71 

rules,  to  prescribe,  section  3,  divisions  I.  and  VI 6 

Secretary  of,  section  9 7 

State  appropriations,  sections  190  and  265 69, 102 

State  Board  of  Examiners,  appoint  member  of,  sec- 
tion 32 13 

teachers'  retirement  fund,  appoint  members  of,  sec- 
tion 237 90 

State  Board  of  Examiners,  appointment  of,  section  32 13 

Principal  State  Normal  School,  member  of,  section  32,  13 

rules  for,  section  32 13 

State  Superintendent,  member  of,  sections  9  and  32 

(see  also  Certificates) 7, 13- 

State  Comptroller,  apportion  State  school  tax,  section  190 69 

County  Superintendents,  to  pay,  section  25 11 

institute  expenses  to  pay,  section  258 100 

library  appropriations  to  pay,  sections  232  and  235 89,  90 

manual  training  appropriations  to  pay,  section  229 88 

normal  school  repairs  to  pay,  section  217 84 

State  Board  of  Education  expenses  to  pay,  section  4 6 

State  Superintendent,  to  pay,  section  3,  division  IV 6 

trustees  of  school  fund,  member  of,  section  179 66 

State  Normal  School,  certificates  to  graduates,  rules  21  and  22 124r 

control  of,  section  2 6 

course  of  study  in,  section  215 84 

diplomas  to  graduates,  section  215 84 

insurance  on,  section  217 84 

model  school  may  be  maintained,  section  219.... 85 

object  of,  section  214 84 

principal,  appointment  of,  section  215 84 

member  of  State  Board  of  Examiners,  section 

32 13 

pupils,  number  of,  section  218 84r 


INDEX.  199 

Pages. 

State  Normal  School,  pupils,  pledge  of,  section  218 84 

repairs  to,  section  217 84 

rules  for,  section  215 84 

State  Board  of  Education  to  have  control  of,  section  215...  84 

teachers  in,  section  215 84 

treasurer  of,  section  216 84 

State  School  Fund  (see  School  Fund). 

State  School  Tax,  abstract  of,  given  to  assessors,  section  190 69 

amount  of,  section  190 69 

apportionment  for  collection,  section  190 ,  69 

to  districts,  section  195 72 

reserve  fund,  section  192 71 

balances,  apportionment  of,  section  196 74 

borrow  money  to  pay,  section  191 70 

collection  of,  section  191 70 

deficiency,  how  provided  for,  section  191 70 

orders  withheld  in  certain  cases,  section  191 70 

payments  to  districts,  sections  193  and  194 71 

payment  to  State,  section  191 70 

penalty  for  misuse  of,  section  254 » 99 

reserve  fund,  section  192 71 

supervising  principal,   apportionment   for,   section   195,  di- 
vision 1 73 

teachers,  apportionment  for,  section  195,  division  I  73 

transportation,  apportionment  for,  section  195,  division  1 73 

State  Superintendent,  affidavits,  may  take,  section  21 11 

appeals  from  decisions  of,  section  8  7 

to,  sections  10  and  11 8 

appointment  of,  section  6 7 

assistant  superintendent,  may  appoint,  section  7 7 

arbor  day,  prepare  circulars  for,  section  261 101 

blanks  for  school  officers,  to  furnish,  section  19 10 

clerks,  may  appoint,  section  8 7 

census,  control  of,  section  250 97 

condemn  school-houses,  section  127 48 

County  Superintendents,  to  appoint,  section  12 8 

decisions,  to  keep  copy  of,  section  11 8 

duties  of,  section  9 7 

examiners,  member  of  boards  of,  section  9  7 

expenses  of,  section  3,  division  IV 6 

institutes  to  hold,  section  2?8 100 

office  of,  section  6 7 

penalty  for  violation  of  law,  may  remit,  section  254 99 

plans  for  school-houses,  to  furnish,  section  129 49 

private  schools,  reports  of,  section  18 10 

report  of,  section  20 10 

salary  of,  section  6 7 

seal  of,  section  11 8 


200  INDEX. 

Pages. 

State  Superintendent,  Secretary  State  Board  of  Education,  section  9 7 

suspend  school  officer,  section  16 9 

teachers'  certificate,  may  suspend,  section  109 42 

teachers'  retirement  fund,  trustee  of,  section  237 90 

term  of  office,  section  6 7 

Superintendents  (see  City  Superintendents,  County  Superintendents). 

Supervising  principal,  appointment  of,  section  96 38 

apportionment  for,  section  195,  division  1 73 

qualifications  of,  section  96 38 

union-graded  schools,  section  131,  division  V 53 

Surplus  revenue,  appropriated  to  schools,  section  257 100 

Suspension,  boards  of  education,  member  or  officer  of,  section  16 9 

pupils,  sections  95,  division  VII.,  112  and  121 36,43,46 

T. 
Tax  (see  District  School  Tax,  State  School  Tax). 

Teachers,  agent,  not  to  act  as,  section  153. 57 

appointment  of,  sections  73,  95,  division  II.,  and  97 27,  36,  38 

apportionment  for,  section  195,  division  1 73 

certificates,  must  hold,  sections  114  and  139,  division  II 43,53 

exhibited  to  County  Superintendent,  rule  1 121 

revocation  of,  section  153 57 

contagious  diseases,  excluded  from  school  if  exposed  to,  section  122...     46 

contracts,  sections  107, 109  and  111,  and  rules  1  and  2 40,  43  121 

corporal  punishment  prohibited,  section  113. 43 

course  of  pedagogical  reading,  rule  51 131 

dismissal  of,  section  108 40 

employment  of,  rule  3 121 

examinations  (see  Certificates). 

holidays,  not  required  to  teach  on,  section  111 43 

jury,  not  required  to  serve  on,  section  116 43 

penalty  for  violation  of  law,  section  15 9 

pupils,  may  suspend,  section  112 43 

register,  shall  keep,  section  110 42 

religious  exercises  in  schools,  section  115 43 

removal  of,  section  73... 26 

retirement  fund,  Article  XXVIII  90 

report  of,  section  110 42 

revocation  of,  certificate,  section  153,  and  rules  8  and  9 59, 122 

rules  for  employment  of,  section  107,  and  rule  3 40, 121 

salaries  of,  sections  107,  108,  110,  111  and  114 40,42,43 

in  graded  schools 104 

supervising  principal,  sections  96  and  139,  division  V 38,  53 

suspension  of,  section  74 27 

institutes  (see  Institutes). 

libraries,  appropriations  for,  section  235 90 

control  of,  section  236 90 

course  of  reading,  rule  51 J31 

rules  for,  section  236,  and  rule  51 90, 131 


INDEX.  201 

Pages. 

Teachers'  retirement  fund,  annuities,  how  granted,  sections  240  and  241 92 

amount  of,  section  240 92 

application  for  membership  in,  section  245 95 

assets  of,  section  243 93 

bequests  to,  section  238  91 

expenses  of,  section  238 91 

fiscal  year  of,  section  238 91 

investment  of,  section  238 91 

members  of,  sections  242  and  245  to  248 93,  95 

president  of,  section  238 91 

report  of,  section  238 91 

secretary  of,  sections  238  and  244,  division  II 91,  94 

treasurer  of,  section  239 92 

trustees  of,  section  237 90 

powers  of,  section  244 94 

withdrawal  from,  section  242 93 

Tellers  at  school  meetings,  section  198 77 

Term,  school,  length  of,  section  44   20 

Term  of  office,  County  Superintendent,  section  24 11 

State  Board  of  Education,  section  1 5 

State  Superintendent,  section  6..,> 7 

Text-book,  boards  of  education  to  provide,  section  151 57 

penalty  for  school  officer  or  teacher  to  be  interested  in  furnishing, 

section  153 57 

purchase  of,  sections  95,  divisions  VI.  and  VIII.,  and  97 36,  38 

rules  for,  section  152 57 

selection  of,  section  73 26 

Townships  (see  also  Buildings,  Compulsory  Attendance,  Condemnation  of  Land, 
District  Tax  and  Union-Graded  Schools). 

accounts,  section  100 39 

affidavit  to  bills,  section  99 '. 38 

appropriations,  penalty  for  exceeding,  section  31 113 

almshouse,  children  in,  admitted  to  public  schools,  section  105 40 

balances,  apportionment  of,  section  396. 74 

ballot,  elections  to  be  by,  section  90... 34 

ballot-boxes  to  be  provided,  section  90 34 

board  of  education,  accounts  of,  section  100 39 

affidavit  to  bills  required,  section  99 38 

age  of  members  of,  section  88 33 

appointment  of,  section  27,  division  IV -13 

borrow  money,  section  95,  division  XIII 37 

bribery,  penalty  for,  sections  28  and  30 113 

consolidated  districts,  sections  39  and  40 17 

contracts,  not  to  be  interested  in,  sections  103,  29 

and  32 39, 114 

counsel,  may  employ,  section  104 39 

county  meetings  of,  section  102 39 


202  INDEX. 

Pages r 
Townships  (see  also  Buildings,  Compulsory  Attendance,  Condemnation  of  Land, 

District  Tax  and  Union-Graded  Schools), 
board  of  education,  course  of  study,  may  adopt,  sections  95,  division 

'VI.,  and  97,  and  rule  49 36,  38, 131 

debts  of,  sections  41  to  43 18 

election  of,  sections  87,  88  and  90 33,34 

incorporation  of,  section  93 35 

janitors,  may  appoint,  section  95,  division  II 36 

medical  inspectors,  section  255 99^ 

meetings  of,  section  98 38- 

minutes  of,  section  100 39 

notices  of  meetings  of,  section  100 39^ 

number  of  members  of,  sections  85  and  86 31 

oath  of  office  of,  section  94 35- 

organization  of,  section  94 35 

penalty  for  failure  to  attend  meetings,  section 

101 391 

penalty  for  violation  of  law,  sections  14  and  99. .8,  3& 
petition  to  call  meeting  of  legal  voters  in,  section 

95,  division  IX 37 

powers  of,  section  95 36 

president  of,  section  94 35 

pupils,  may  suspend  or  expel,  section  95,  divi- 
sion VII 36 

qualifications  of,  section  88 33 

removal  of  member  of,  section  16 9 

report  of,  section  95,  division  XII 37 

seal  of,  section  95,  division  XI 37 

supervising  principal,  may  appoint,  section  96...     38 

supplies,  how  provided,  section  99 38 

teachers,  appointment  of,  section  97 38 

contracts  with,  sections   107,  109  and 

111 40,42,43 

dismissal  of,  section  108 40 

salaries  of,  sections  107,  108,  110,  111 

and  114 40,42,43 

term  of  office  of,  sections  85  and  86 31,  32 

text-books,   to  purchase,  sections    95,  divisions 

VI.  and  VIIL,  and  97 36,  38 

transfer  of  pupils,  fix  amount  for,  section  119 44 

transportation,  may  provide,  section  118 44 

vacancy,  how  filled,  sections  85  and  95,  divi- 
sion I 31,36 

bonds,  sections  91,  143  to  145,  and  Article  XXI 34,  54,  81 

colored  children  not  excluded  from  schools,  section  126 47 

consolidation  of  districts,  sections  38  to  40 16 

contagious  diseases,  schools  closed  in  cases  of,  section  124 47 

contracts,  how  made,  sections  98,  99  and  33 38, 114 

corporal  punishment  prohibited,  section  113 43 


INDEX.  203 

Pages. 

Townships  (see  also  Buildings,  Compulsory  Attendance,  Condemnation  of  Land, 
District  Tax  and  Union-Graded  Schools). 

corporate  name  of  district,  section  93 35 

course  of  study,  adoption  of,  section  97,  and  rule  49 38, 131 

custodian  of  school  moneys,  Article  XX 77 

district  clerk,  appointment  of,  section  94 35 

expulsion  of  pupils,  section  121 46 

flags  for  school-houses,  section  257 100 

holidays,  section  111 42 

kindergartens,  section  146 56 

legal  voters  at  school  meetings,  sections  88  and  89 33 

medical  inspectors,  section  255 99 

notices  for  meetings  of  legal  voters,  section  100 39 

outhouses,  tax  for,  section  128 48 

plans  for  school-houses,  sections  129  and  130 49 

precincts,  district  may  be  divided  into,  section  92 35 

property,  title  to,  section  41 18 

pupils,  admission  of,  section  124 47 

expulsion  or  suspension  of,  section  95,  division  VII.,  112  and 

121 36,43,46 

tuition  fees  for,  sections  117  and  120 44,45 

religious  services  in  schools,  section  115 43 

seal  of,  section  95,  division  XI 37 

sinking  fund,  custodian  of,  section  204 80 

special  meetings  of  legal  voters,  section  95,  division  IX 37 

supervising  principal,  sections  96  and  139,  division  V 38,  53 

supplies,  how  provided,  section  99 38 

suspension  of  pupils,  section  121  46 

teachers,  appointment  of,  sections  95  division  II.,  and  97 36,38 

contracts  with,  sections  107  and  111,  and  rules  1  and  2..40,  43, 121 

rules  for  employment  of,  section  107,  and  rule  3 40, 121 

salaries  of,  sections  107,  108,  110,  111  and  114 40,  42,  43, 104 

text-books,  sections  95,  divisions  VI.  and  VIII.,  97  and  151 36,  38,  57 

transferof  pupils,  section  119 44 

transportation  of  pupils,  section  118. 44 

tuition  fees,  sections  117  and  120 44,45 

union-graded  schools,  Article  XI 50 

vaccination  of  pupils,  sections  122  and  123 46 

Transfer  of  pupils,  amount  to  be  paid  for,  section  119 44 

orders  for,  section  119 44 

Transportation  of  pupils,  sections  118  and  195,  division  1 44,  73 

Treasurer  Manual  Training  and  Industrial  School  for  Colored  Youth,  section 

228.. 87 

New  Jersey  School  for  the  Deaf,  section  224 87 

Normal  School,  section  216 84 

Teachers'  Retirement  Fund,  section  239 92 

Truant  officers  (see  Compulsory  Attendance). 

Tuition  fees,  sections  6,  4  and  120 25,45 


204  INDEX. 

U. 

Pages. 

Ungraded  school,  definition  of,  rule  29 126 

Union-graded  schools,  apportionment  to,  section  140 53 

board  of  education,  appointment  of,  sections  134,  135  and 

136 51 

corporate  body,  section  137 52 

removal  of  member  of,  section  136  ..  51 

powers  of,  sections  139  and  141 52, 54 

term  of  office  of,  section  135  51 

vacancy,  how  filled,  section  136 51 

bonds  for,  sections  143  to  145 54 

borrow  money  for,  section  139,  division  1 52 

buildings  for,  section  139,  division  III 53 

custodian  of  moneys  of,  appointment,  section  138 52 

bond  of,  section  138 52 

salary  of,  section  138 52 

election  for,  section  91 34 

seal  of,  section  139,  division  IV 53 

secretary  of,  section  138 52 

supervising  principal  of,  section  139,  division  V 53 

supervision  of,  section  142 54 

tax  for,  section  139,  division  III 53 

V. 

Vacancy,  boards  of  education,  sections  49,  95,  division  I.,  and  136 22,  36, 51 

County  Superintendent,  section  12 8 

District  Clerk,  section  94 35 

State  Board  of  Education,  section  1 5 

Vaccination  of  pupils,  sections  122  and  123 46 

W. 

Women,  board  of  education,  may  be  member  of,  section  88.. 33 

vote  at  school  meetings,  except  for  members  of  board  of  education,  sec- 
tion 89.. 34 

Y. 

Year,  school,  definition  of,  section  264... 101 


INDEX.  205 


BLANKS  AND  FORMS. 


Forms  for  County  Superintendents.  Page. 

appointment  of  a  President  or  District  Clerk,  XIX 144 

apportionment  of  balances,  notice  to  District  Clerk,  XVIII 144 

apportionment  of  balances,  notice  to  Township  Collector,  XVIII 144 

balances,  notices  of,  XVIII 144 

balances,  orders  for,  XI. 142 

certificate  condemning  a  school-house,  XVI 143 

certificate,  directions  for  examination  for,  LII.. 170 

certificate,  revoking  teacher's,  XIV.  and  XVII 143 

certificate,  transfer  of  pupils,  1 137 

condemnation  of  school-house,  certificate  for,  XVI 143 

District  Clerk,  notice  that  the  teacher  has  filed  report,  XIII 142 

examinations,  directions  for,  LII , 171 

examinations,  notices  of,  V 138 

examiner's  salary,  orders  for,  XII 142 

expenses,  statement  of,  VI 139 

institute,  certificate  of  attendance  at,  IV... 138 

institute,  notice  of,  III 138 

notice  of  balances,  XVII.  and  XVIII 144 

notice  of  examination,  V 138 

notice  of  meeting  for  examination  of  teachers,  V 138 

notice  of  institute,  III 138 

notice  to  District  Clerk  that  teacher  has  filed  report,  XIII 142 

orders,  balances,  XI 142 

orders,  examiner's  salary,  XII 142 

orders,  reserve  fund,  IX 141 

orders,  State  appropriation,  VII 140 

orders,  State  school  tax,  VIII 141 

orders,  surplus  revenue,  X 141 

orders  for  transfer  of  pupils,  II 137 

order  to  withhold  school  money  from  district,  XX 145 

order  to  withhold  teacher's  salary,  XX 145 

reserve  fund,  order  for,  IX 141 

State  appropriation,  order  for,  VII 140 

State  school  tax,  order  for,  VIII 141 

surplus  revenue,  order  for,  X 141 

teacher's  certificate,  orders  revoking,  XV 143 

transfer  of  pupil,  certificate  for,  1 137 

withhold  school  money  from  district,  order  for,  XXI 145 

withhold  salary  from  teacher,  order  for,  XX  145 


206  INDEX. 

Forms  for  District  Clerks.  Page. 

affidavit  to  bill,  form  of,  XXXIV.. 155 

annual  district  meeting,  notice  for,  XXV 149 

application  for  State  aid  for  library,  XXXV 155 

application  for  State  aid  for  manual  training,  XXXVIII 157 

application  for  loan  from  State  school  fund,  XLIII 163 

Board  of  Education,  notice  of  election  as  member  of,  XLVI 166 

Board  of  Education,  notice  for  meeting  of,  XLV 166 

Board  of  Education,  report  of  election  of,  XXXI 152 

bonds  for  school  loan,  XXXIX 158 

bonds,  certificate  to  Assessor  for  tax  for,  XL 159 

bonds,  certificate  to  County  Superintendent  of  tax  for,  XLI 159 

bonds,  directions  for  proceedings,  XLIV 164 

bonds,  report  of  proceedings  for,  XLII 160 

certificates  of  tax  for  bonds,  XL.  and  XLI 159 

certificates  of  tax  for  current  expenses,  XXXII  and  XXXIII 153 

contract  for  building,  XLIX 168 

contract  with  teacher,  XXXVII , 156 

deed  for  school  property,  XLVIII 167 

directions  for  bonding,  XLIV 164 

dutiesof,  LI 170 

lease,  XLVII 166 

library,  application  for  State  aid,  XXXV 155 

library,  report  of  purchases,  XXXVI 156 

loan  from  State  school  fund,  application,  XLIII 163 

loan,  bonds  for,  XXXIX 158 

loan,  note  for,  L 169 

manual  training,  application  for  State  aid,  XXXVIII 157 

meeting,  notice  for  annual  district,  XXV 149 

meeting,  notice  for  special  district,  XXVI 149 

meeting,  notice  for  Board  of  Education,  XLV 166 

meeting,  items  that  may  be  inserted  in  notice  for  district,  XXVII....  150 

note,  L 169 

notice,  annual  district  meeting,  XXV 149 

notice  for  special  district  meeting,  XXVI 149 

notice,  meeting  of  Board  of  Education,  XLV 166 

notice,  items  that  may  be  inserted  in  district  meeting,  XXVII 150 

notice  to  members  of  Board  of  Education  of  election,  XLVII 166 

order  of  business  at  district  meeting,  XXVIII....'. 151 

order,  miscellaneous  j-urposes,  XXX 152 

order,  teacher  salary,  XXIX 151 

report  of  election  of  Board  of  Education,  XXXI 152 

report  of  library  purchases,  XXXVI 156 

report  of  proceedings  authorizing  bonds,  XLII 160 

special  district  meeting,  notice  for,  XXVI 149 

tax  for  bonds,  notice  to  Assessor,  XL 159 

tax  for  bonds,  notice  to  County  Superintendent,  XLI 160 

tax  for  current  expenses,  notice  to  Assesssor,  XXXIII 153 


INDEX.  207 

Farms  for  District  Clerks — Continued.  Page, 

tax  for  current  expenses,  notice  to  County  Superintendent,  XXXII...  153 

teacher,  contract  with,  XXXVII 156 

vacancy  in  Board  of  Education,  notice  to   County  Superintendent 
XLVI 166 

Forms  for  District  Superintendents. 

application  for  State  aid  for  manual  training,  XXIV 147 

contracts,  teacher's,  XXIII 146 

library  application,  XXII 146 

library,  report  of  purchases,  XXXVI ~ 156 

Forms  for  Teachers. 

certificate  of  attendance  of  pupil,  LV 178 

contract,  XXXVII 156 

examinations,  county,  directions  for,  LII 171 

examinations,  State,  application  for,  LIV 174 

examinations,  State,  rules  for 175 

Normal  diplomas,  application  for  indorsement,  LIII 172 

report  to  County  Superintendent,  LVI 179 

report  of  suspension  of  pupil,  LVII 179 

Form  for  District  Meetings. 

minutes  authorizing  bond,  XLII 160 

notice  to  members  of  Board  of  Education  elected  at,  XLV 166 

order  of  business,  XXVIII 151 

Miscellaneous  Forms  and  Directions. 

•     calendar  for  schools....  ,.  180 


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